MANGALORE REFINERY & PETROCHEMICALS LTD. (A ......MRPL Tender No 3300007070 GCC, Rev-2 MANGALORE...

MRPL Tender No 3300007070 GCC, Rev-2

MANGALORE REFINERY & PETROCHEMICALS LTD. (A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)

Regd. Office: Kuthethoor P.O., Via: Katipalla, Mangalore-575030 (India) Phone: 0091-824-2270400 Fax: 0091-824-2271239

E-LIMITED Tender No.:3300007070 Date:06.11.2019

TENDER FOR Hiring of Internal Audit Support Services for MRPL.

Tender Download Start Date 06.11.2019 Tender Download End Date & Time 20.11.2019; 15.00 Hrs Prebid Meeting Not applicable Bid Closing date & Time 20.11.2019; 15.00 Hrs Unpriced Bid Opening date & Time 20.11.2019; 15.30 Hrs

MRPL has discontinued publication of Tender Advertisements through newspapers or any other print media.

The complete Tender/Bidding document is available for view/download on MRPL website http://www.mrpl.co.in as well as on https://eprocure.gov.in/epublish/app. Further replies to pre-bid queries, all updates, Corrigendum, Addendum, Amendments, Extension in last date of submission of bid, Clarifications etc.,(if any) to the Tender/Bidding document will be hosted on above indicated websites only. Bidders should regularly visit above indicated website to keep themselves updated.

MRPL Tender No. 3300007070 1 of 147 ________________ Bidder Seal & Signature


INDEX

SECTION DESCRIPTION Page Nos.

A Notice Inviting Tender (NIT) 3 – 4

B Pre-Qualification Criteria (PQC) & Bid Evaluation Criteria (BEC) 5 – 7

C Instruction to Bidder (ITB) 8 – 21

D General Conditions of Contract (GCC) 22 – 73

E Appendixes 74 – 98

F Scope of work / SCC, Technical Specifications 99-107

G Price bid Format 108 - 108

H Contractor worker safety policy 109 - 147



SECTION-A

NOTICE INVITING TENDER (NIT)

MRPL invites Bids from eligible bidders in complete accordance with the following details and Tender document.

The brief details of the tender are as below;

SL.No. Description Details

1 Tender Number 3300007070

2 Brief Description of the Tender TENDER FOR Hiring of Internal Audit Support Services for MRPL.

3 Tender Type LIMITED- domestic

4 Bid Type Two Bid

5 Mode Electronic Procurement System (EPS)

6 Tender Document download start date 06.11.2019

7 Bid Closing date/Time 20.11.2019 @ 15.00 Hrs (IST)

8 Date / Time of Technical Bid Opening 20.11.2019 @ 15.30 Hrs(IST)

9 Prebid Conference Not Applicable

10 EMD Applicable Rs 55000 /- (In words Fifty Five thousand only)

EMD (BG or DD) drawn in favour of MRPL Mangaluru, to be sent directly to Materials Department, MRPL, Kuthethoor PO, Via Katipalla, Mangaluru. Please super-scribe on envelope “EMD for Tender No…3300007070 dated 06.11.2019”

11 Duration of Contract / Contract Period

12 months and option for extending two more years on mutual consent on same rate, terms and conditions

12 Purchase Preference for Micro & Small Enterprises(MSE) Not Applicable

13 Item(s) Splittable No

14 Relaxation in PQC(Financial Turnover & Past Experience) for Start-up Companies

Not Applicable

15 Offer Validity 90 days from Bid closing Date

16 Price Reduction Clause Applicable

17 Security deposit Applicable @ 10% of the Order value

18 Defect Liability Not Applicable

19 Integrity pact Not Applicable



20. A

Contact details – Technical Querries

Indenter’s Name: V S Kumar /Vishwanath Chiplunkare-mail:[email protected]/ [email protected] – 0824 288 3256.

B

Contact person for inclusion of Vendors Name in Limited tenders (Refer instruction mentioned below) /Commercial Queries.

Dealing Officer’s Name: Shailendra singh e-mail:[email protected]

Section Incharge Name:Suresh Nagavolu Email:[email protected] / 0824-288 2215 Mobile No ………………………

21

Contact person For Queries related to E-tendering

Mr. Dilip Ranganath, Email: [email protected] Phone No. 0824-288-2248 (Dealing officer / Section In-charge details as mentioned above may also be contacted).

22

Alternate Contact details for E-Tendering

Mr. Mohan Kumar / Mr. Prabhuswamy, [email protected] / [email protected] Phone No. 080 - 49352000

23 Address to submit the tender document (in case of Manual Tender)

Materials Department, Mangalore Refinery and Petrochemicals Ltd, (A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC), PO Kuthethoor, Via Katipalla, Mangalore -575030, Karnataka, India (Please mention tender number on the envelop)

Contact details & Address for Site visit .

Contact Details Address 1.

Mangalore Refinery & Petrochemicals Limited. (A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)

Kuthethoor P.O., Via: Katipalla, Mangalore-575030 (India)

Important information to be noted by the bidders:

� Bidders are requested to visit MRPL website http://mrpl.co.in regularly to keep themselves updated. Any Revision, clarification, addendum, corrigendum, for replies to queries raised during pre-bid meeting Time / Due date extension etc., (if any) , to this tender would appear on the above websites only and & will not be published on any other Media /Press.

� In case of Limited tender, bidders who desire to participate in the tender and meeting the qualification criteria, shall send their request through E-mail to the contact person as indicated in Sl. No. 20B above table for issuing the tender enquiry / including the vendors name in tender. Bidder shall be allowed to participate till the bid closing time.

� In case of E-Tenders, the Technical & Price Bid Formats should be downloaded, filled & uploaded in the EPS portal (https://www.tenderwizard.com/MRPL).



SECTION – B

Pre-Qualification Criteria & Bid Evaluation Criteria

Bidder shall fulfil the following qualification criteria in order to qualify for this work:

I. Pre-Qualification Criteria (PQC):

i) Financial Turnover:

a Average Annual Financial Turnover during the last 3 years ending 31st March of the previous financial year should be at least

`. 8.24 Lakhs

II. पूव�पूव�पूव�पूव� अनुभवअनुभवअनुभवअनुभव / Past Experience

The Bidder should have experience of having successfully carried out and completed “Similar works” during the last 07 years ending last day of the month previous to the one in which tenders are invited, which experience should be any one of the following:

a Three Similar completed works, each costing not less than `. 5.49 Lakhs

b Two Similar completed works, each costing not less than `. 6.86 Lakhs

c One Similar completed works, costing not less than `. 10.98 Lakhs

Note:

1. Similar Works Definitions: Statutory / Internal Audit work carried out during the last 7 years (From FY 2012-13 to FY 2018-19) in a Petroleum exploration/ Petroleum Refinery/ Petrochemicals production/ Fertilizers production industry having an annual turnover of minimum Rs 10,000 Cr during the audit.2. All above indicated amounts are exclusive of Service Tax / GST. The audit fee for the above purpose would be reckoned inclusive of fee for tax audit and certification and shall not include any other reimbursements towards expenses3. Pre-qualification criteria with respect to Prior Turnover and Prior experience not to relaxed for Micro & Small Enterprises.4. No Relaxation in prior turnover and prior experience criteria for startup company as per GOI guideline.

III. Other Criteria:



a. Bidders who have been issued orders for similar works in MRPL during the last 5 years and/or Bidders who have executed similar jobs in MRPL shall provide Satisfactory Performance Certificate from MRPL.

b. Experience of only the Bidding Entity shall be considered. In-house experience (where for the past experience referred for qualification, the contractor and the Owner belonging to the same organization) shall not be considered as a valid experience for the purpose of qualification.

c. The bidder should not be under a black-list/ holiday list of any state/central government department or undertaking (including PSUs). Bidder shall give a declaration to this effect.

d. Joint venture / Consortium bids shall not be permitted for this tender.

Note: Bidder is required to provide the following documentary proof in support of meeting Pre-Qualification Criteria along with their technical bid: 1. Annual reports containing Audited balance sheets and Profit & Loss statement, in support of

their fulfilling the qualification criteria. . (In case the last Financial closing date is within 9 months of bid due date and audited annual report of immediate preceding Financial year is not available, bidder has the option to submit the Financial details of the three previous years immediately prior to the last Financial year. Otherwise, it is compulsory to submit the Financial details of the immediate three preceding Financial years.)

2. Bidder shall furnish documentary evidence covering similar work mentioned above, but not be limited to :

i) Copies of work orders with relevant pages of contract and SOR, ii) Proof of Completion / completion certificate indicating value of work completed against

above order, in support of their fulfilling the qualification criteria.

Note: Work order completion certificate furnishing the value as per PQC to be submitted i.e., if the contract is extended, it should be continuous & total value of the extended contract shall be considered for PQC. However, completion certificate should clearly mention the total completed value to meet as per PQC.

3. Other relevant documentary evidence for all the above mentioned criteria. (As applicable for the tender)

4. All documents furnished by bidder(in case bidders asking enquiry through MRPL website Notification) in support of meeting the experience criteria of PQC shall be:

EITHER “Duly certified by Statutory Auditors of the Bidder or a practicing Chartered Accountant (not being an employee or a director or not having any interest in the bidder(s) company/firm) where audited accounts are not mandatory as per law.

OR “Duly notarized by any Notary Public in the bidders country.

5. MRPL reserves the right to complete the evaluation based on the details furnished without seeking any additional information.

MRPL Tender No. 3300007070 6 of 147 ________________

Bidder Seal & Signature


IV. र�र�र�र� करनेकरनेकरनेकरने संबंधीसंबंधीसंबंधीसंबंधी मानदंडमानदंडमानदंडमानदंड / Rejection Criteria :-

1. Bids received after the due date and time of bid submission shall be summarily rejected. 2. Bids without EMD: Bids received without/ with insufficient EMD (in original with the

Technical Bid), before the bid closing date & time shall be summarily rejected. However, Govt. Dept. /PSUs/ firms registered with NSIC/MSE (Micro & Small Enterprise), vendors registered with District Industries Center (DIC), Startups are exempted from submission of EMD. Such bidders shall submit relevant documentary proof towards exemption, along with technical bid of the tender.

3. Offer sent without having the prescribed bidding document of MRPL, non-adherence to technical / commercial terms & conditions, Unpriced bid and Price bid not in the prescribed format, incomplete bids and bids with deviations to the tendered scope of work shall be liable for rejection.

4. Non-compliance to any of PQC/BEC will be liable for rejection. 5. If technical bid & price bid are submitted together. 6. Bids found to have been submitted with falsified/ incorrect information. 7. If Bidder is in the Holiday/ Blacklist of any CPSU/ State PSU/ Central or State Government

Undertaking. Bidder shall give a self-declaration to this effect. 8. Consortium / Joint bids shall not be accepted. 9. Bidder to quote for all items enlisted in the BOQ, otherwise bid shall be rejected. 10. Offers not meeting statutory requirement are liable for rejection.

II बोलीबोलीबोलीबोली मूल ्मूल ्मूल ्मूल ् यांकनयांकनयांकनयांकन मानदंडमानदंडमानदंडमानदंड /Bid Evaluation Criteria (बीईसीबीईसीबीईसीबीईसी / BEC):

1) The bidder should accept in Toto the Technical specification and Scope of work given in the

Tender with no deviations as per clauses of the tender document.

2) Techno-Commercially acceptable bids will be evaluated on the basis of overall L-1 i.e., lowest landed cost to MRPL.

3) In case of a tie in any areas for L-1 bidder, then the bidder with higher turnover (3 years Average Annual turnover total as per PQC#1) will be considered as lowest ranking tenderer. Accordingly Purchase preference for MSE Bidders will be considered based on turnover.

MRPL Tender No. 3300007070 7 of 147 ________________



SECTION-C INSTRUCTION TO BIDDER(S) (ITB)

INDEX

CLAUSE. No. DESCRIPTION

1.0 GENERAL

2.0 COST OF BIDDING

3.0 SITE VISIT

4.0 TENDER INSTRUCTIONS

5.0 CLARIFICATION REQUESTS BY BIDDER

6.0 CORRIGENDUM/ ADDENDUM/ CLARIFICATION

7.0 CONFIDENTIALITY OF BIDDING DOCUMENT

8.0 LANGUAGE OF BID

9.0 PREPARATION AND SUBMISSION OF BIDS

10.0 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM

11.0 TENDERS INVITED ON MANUAL MODE

12.0 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES

13.0 BID CURRENCY

14.0 EARNEST MONEY DEPOSIT

15.0 PRE-BID MEETING

16.0 LATE BIDS

17.0 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-TENDERS ONLY)

18.0 BID OPENING

19.0 BID EVALUATION AND AWARD CRITERIA

20.0 REBATE

21.0 NOTIFICATION OF AWARD

22.0 UNSOLICITED POST TENDER MODIFICATIONS

23.0 CANVASSING

24.0 CONTACTING MRPL

25.0 COLLUSIVE BIDS

26.0 MULTIPLE/ALTERNATIVE BID

27.0 CARTEL FORMATION

28.0 CORRUPT AND FRAUDULENT PRACTICES

29.0 PUBLIC UTILITY SERVICE

30.0 INTEGRITY PACT

31.0 RAISING DISPUTES / COMPLAINTS

32.0 HOLIDAY LISTING POLICY



SECTION – C

INSTRUCTION TO BIDDER(S) (ITB)

1.0 GENERAL:

3.1 Mangalore Refinery and Petrochemicals Limited (MRPL), a subsidiary of Oil and Natural Gas Corporation Limited, is operating a 15.25 MMTPA fuels refinery at Mangalore. The Refinery complex is integrated to Aromatic Complex and designed to produce 900,000 TPA of Paraxylene.

3.2 The bidder is advised to read these instructions carefully and to ensure that his response complies fully with the requirements of the tender. Failure to provide the information and documents required by this Invitation to Bid may render the Bid to be unacceptable. Tender should be submitted in the prescribed form supplied by the company only.

3.3 The bidder shall download the complete set of tender document from the owner’s website as per the index of the tender, fully read, understand & compile the same as per the various instructions contained herein and in “Instructions to Bidder”.

3.4 Every bidder must submit bid strictly in accordance with the conditions and specifications prescribed by MRPL. Special conditions (if any) submitted along with the tender documents by the bidder will not be applicable to this Tender, in case they are in conflict with any of our terms and conditions.

3.5 Bidders to note that Physical/ Hard Copy of the Tender Documents shall not be issued from the office of Tender Inviting Authority. Any request in this regard shall not be entertained under any circumstances.

2.0 COST OF BIDDING:

2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid and MRPL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

3.0 SITE VISIT :

2.1 Bidder is advised to visit and examine the site and its surrounding and shall familiarize himself of the existing facilities and environment and shall collect all other information which he may require for preparing and submitting the Tender and entering into the contract. Claims and objections due to ignorance of existing conditions or inadequacy of information will not be considered after submission of the Bid and during the contract period / after contract period. All costs for and associated with site visits shall be borne by the bidder.

2.2 The bidder and any of his personnel or authorised representatives will be granted permission by the OWNER to enter upon its premises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder, its personnel or authorised representative shall be understood to have released and indemnified the OWNER and its personnel from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, cost and expenses incurred as a result of such visit.

4.0 TENDER INSTRUCTIONS:

4.1 The Tender document comprises of following sections:- • Notice Inviting Tender.• Pre-Qualification Criteria/Bid Evaluation criteria.• Instruction to Bidder.• General conditions of Contract.• Formats of Credentials / EMD / Security Deposit, etc.• Integrity pact, etc.• PQC Compliance, Deviation statement, declaration, etc• Scope of work / Special Conditions of Contract,• Price bid format.



• Contract Workers Safety Policy.

4.2 The Tender Documents shall always be & remain the exclusive property of the Owner without any right with the Bidder to use them for any purpose except for submitting the tender in accordance with the provisions of these instructions by the prospective Bidders and for use by the successful Bidder with reference to the work. The Owner shall have no obligation to return to the Bidder the Tender Documents submitted by the Bidder.

4.3 The Tender shall be completely filled in all respects and shall be tendered together with requisite information & annexure. The Bidder is expected to examine the Tender Documents, including all instructions, specifications and drawings in the tendering document. Failure to furnish all the information required by the tendering documents or tender incomplete in particulars or submission of tender not substantially responsive to the tendering document in every respect shall result in rejection of the Tender.

4.4 It is hereby stipulated that the Tenderers shall not affect any corrections/ alterations/ modifications in the Tender Documents and various formats contained therein. Any correction/ alteration/ modification in the Tender Documents by the Bidder shall make their tender liable for rejection.

4.5 Originals of the documents related to the tender should be produced as and when asked for verification, and failure to produce such Original document(s) at specified date, time and place would mean rejection of tender for further evaluation.

4.6 When person signing the Tender / agreement is not the sole Proprietor of the company the original Power of Attorney or a Notary certified copy thereof authorizing such person to act and sign on behalf of the company must be enclosed.

4.7 Date format should be DD/MM/YYYY (Date/Month/Year).

4.8 Bidders should get clarified all the technical doubts and other points related to the tender before submitting the priced and un-priced offer.

4.9 MRPL reserves the right to accept or reject any or all tenders and at any stage of the tender evaluation process at the company's sole discretion and without assigning any reason thereof.

4.10 Any false/fake/incorrect information submitted by the bidder/contractor while submitting the bid will be liable for rejection of bid, action like Forfeiture of EMD, Cancellation of the Order, Forfeiture of Security deposit including Banning/Holiday listing of the Bidder’s Company/ Contractor in all ONGC/MRPL establishments.

4.11 Any false/fake/incorrect information surfaced out after award of job would lead to action like Forfeiture of EMD, Cancellation of the Order, Forfeiture of Security deposit including Banning/Holiday listing of the Bidder’s Company/ Contractor in all ONGC /MRPL establishments.

4.12 If the successful bidder, backs out during finalization of tender/after award of order, action will be initiated by MRPL as deemed fit.

4.13 The tender terms/ conditions as per SCC (Special conditions of the contract) Supercedes all similar terms prescribed under GCC/ Other Conditions of Contract (OCC).

4.14 MRPL reserves it right to seek the Originals if needs or inspect the documents at its premises for verification and return. In case, it is found that the bidder has attempted to mislead MRPL on any counts, MRPL many proceed with any action that is deemed fit.

4.15 “The item supplied / service provided shall be Environment friendly and Energy efficient”.

5.0 CLARIFICATION REQUESTS BY BIDDER:

5.1 Although the details presented in this Tender document consisting of Conditions of Contract, Scope of Work, Technical Specifications and Drawings have been compiled with all reasonable care, it is the Bidder’s responsibility to ensure that the information provided is adequate and clearly understood.

5.2 Bidder shall examine the Tender document thoroughly in all respect and if any conflict, discrepancy, error or omission is observed, Bidder may request clarification at any time up to one week prior to the tender closing date. Such clarification requests shall be directed as per the contact details mentioned in the NIT.



5.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder, after subsequent award of contract, from performing the work in accordance with the agreement.

6.0 CORRIGENDUM/ ADDENDUM/ CLARIFICATION :

6.1 MRPL may, for any reason whether at his own initiative or in response to the clarification requested by the prospective bidder, issue amendment in the form of addendum/corrigendum/clarification during the Tender period and subsequent to receiving the Tenders. Any addendum / corrigendum / clarification thus issued shall become part of Tender document.

6.2 For addendum/corrigendum/clarification issued during the Tender period, Bidder shall consider the impact in his Tender. For addendum/corrigendum/clarification(s) issued subsequent to receiving the Tenders, Bidder shall follow the instructions issued along with addendum/corrigendum/clarification(s).

6.3 Such Addendum / Corrigendum/ Clarification(s) shall be uploaded on the MRPL website (https://mrpl.co.in) / Owner’s e-tendering portal and it will not be published in news paper. Prospective bidders should visit the above MRPL website / MRPL’s e-procurement site from time to time to make note of corrigendum/addendum/clarification if any. MRPL is not responsible for non receipt of any communication / information of addendum/corrigendum/clarification.

6.4 All such Addendum / Corrigendum / Clarification(s) issued shall form part of the Tender Documents.

6.5 It is incumbent on all the Bidders to view, download, understand and furnish Addendum / Corrigendum / Clarification(s) along with his/its/their tender. Any deviation/ clarification due to non-receipt of Addendum / Corrigendum / Clarification(s) at later stage should not be entertained. Any bid without copy of Addenda/ Corrigenda/ Clarification(s), if issued, as mark of its acceptance may not be accepted.

7.0 CONFIDENTIALITY OF BIDDING DOCUMENT:

7.1 All information disclosed to the Tenderers by way of the Tender Documents shall be considered confidential and any person/ Tenderer shall not part with possession of the Tender Documents or copy or disclose information thereof to any party, except as may be necessary for carrying out the work. It is being understood that the Tender Documents have been downloaded by the eligible Tenderer solely for the purpose of bidding. Where it is found that any Tenderer has violated and has disclosed sensitive and vital information impugning on the security of the installation/ national security, necessary action, as may be called for, may be taken against the Tenderer concerned in addition to his being liable to be black listed and/ or barred from participating in future bids.

8.0 LANGUAGE OF BID :

8.1 The Bid and all correspondence incidental to and concerning the Bid shall be in the English Language. For supporting documents and printed literature submitted in any other language, an equivalent English Translation shall also be submitted. Responsibility for correctness in translation shall lie with the Bidder. In case of any conflict, for the purpose of interpretation of the Bid, the English Translation shall govern.

8.2 In the event of submission of any document / certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder's country shall be submitted by the Bidder.

9.0 PREPARATION AND SUBMISSION OF BIDS:

9.1 The offer must be complete in all respects, leaving no scope for ambiguity. Bidder is fully responsible for the bid submitted and no relief or consideration can be given for errors and omissions.

9.2 Date & Time of submission: Bid must be submitted by the due date and time mentioned in the notice Inviting Tender / Letter inviting Bid or any extension thereof as duly notified in writing on MRPL / e-tender website.

9.3 Bidder shall submit the offer in two parts:

Part I - Techno-Commercial (un-priced) bid and MRPL Tender No. 3300007070 11 of 147 ________________



Part II - Priced bid.

9.4 Price bid & technical bids if submitted together shall be summarily rejected.

9.5 Part I - Techno-commercial bid (Unpriced Bid) shall be submitted with all documents that are called for - Proof of eligibility, if any, (documentary evidence for turnover, Work order copies & Satisfactory

Completion certificate, etc). Please refer to Pre-Qualification Criteria/ Bid Evaluation Criteria as per Section B.

- EMD as applicable. - Statement of Credential, Vendor details, MSME/Start-up details - Declaration of Banning / Black listing / Holiday Listing - Declaration regarding relation with any of the MRPL Directors. - Integrity pact if applicable. - Deviation statements. - Declaration as per the format of ‘Undertaking by Bidders’ (attached as Appendix – XVII) duly

signed & stamped by the bidder to be submitted in Company’s letter head as token of having read and understood all the tender requirements and accept all terms and conditions of the tender including all corrigendum / addendum / clarification issued, if any, in lieu of submission of full tender document with signature and Stamp on each page. However, Signed copy of Corrigendum / amendment / addendum / Clarification if any to be submitted/upload along with the Technical Bid / attachment in EPS system.

- Un-priced ‘Priced bid’ copy indicating quoted items, - Any other document(s) as applicable.

Note: Bidders are required to serially number all the pages being appended by them as part of submission to the Technical bid. Such numbering shall include Covering letter, Technical specifications, Items list being offered, Drawings, Bid qualification proof, Testimonials, Certificates, Catalogues, Compliance or Deviation statements, etc as applicable to this Tender and create an Index Page with headings and corresponding page numbers. Declaration as per the format of ‘Undertaking by Bidders’ duly signed & stamped by the bidder in token of having read and understood all the tender requirements and accept all terms and conditions of the tender including all corrigendum / addendum / clarification issued, if any. In addition to this, all pages of the Tender documents issued by MRPL shall be signed on all pages and submitted/upload along with the Technical Bid / attachment in EPS system.

9.6 Priced bid (Part II) shall be submitted in the same format as mentioned/Included in the Tender document. Otherwise, offer will be liable for rejection.

9.7 No assumption, stipulation, deviations from terms and conditions or presumptions, etc. shall be made by the bidder while submitting the offer in the Price Part of the Tender. The liability of obtaining all necessary clarity with respect to the tender, its technical aspects and pricing shall be on the vendor. MRPL shall be under no obligation whatsoever to entertain any tender bid which is based on any assumption, stipulation, deviations from terms and conditions or presumptions, etc. and would have the option to reject such bid at their discretion.

10.0 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM:

10.1 For tenders invited through E-Procurement System, bids shall be submitted through online (EPS) mode only on the Owner’s e-tendering portal for tenders invited through e-procurement mode.

10.2 Bidders to upload the Un-priced and Price part of their bids strictly in the Unpriced & Priced folders respectively at the designated place in the e-tender portal. Non Compliance to the same may lead to rejection of their offer.

10.3 Bids submitted in any other form through Telex/ Fax/ Telegram/ E-mail/ Courier/ Registered Post/ manually shall not be accepted.

10.4 However, documents which necessarily have to be submitted in originals like EMD and any other documents mentioned in the Tender Documents have to be submitted offline. The Owner shall not be responsible in any way for failure on the part of the Bidder to follow the instructions.



10.5 Bidders should avoid the last minute rush to the website for registration of user id and password, enabling of user id and mapping of Digital Signature, SI no, etc., since this exercise require activities from MRPL and EPS provider and needs time. In the event of failure in bidder’s connectivity with MRPL/Service provider during the last few hours, bidder is likely to miss the deadline for bid submission. Due date extension request due to above reasons may not be entertained .

10.6 Bidders to note that the very act of using Digital Signature Certificate (DSC) for downloading the bids and uploading their offers shall be deemed to be a confirmation that they have read all pages of the bid document without any exception.

10.7 E-Procurement System Instructions :

10.7.1 Tender is invited on-line on the website www.tenderwizard.com/MRPL from the firms having Class IIB or above Digital Signature Certificate (DSC) (with Signing & Encryption Certificate) issued by any agency authorized by Controller of Certifying Authority (CCA), Govt. of India.

10.7.2 Offers received online on the e-procurement portal only will be considered for evaluation.

10.7.3 The server date and time as appearing on website www.tenderwizard.com/MRPL shall only be considered as cut-off time for receipt of tenders. Offers received by any other mode will not be considered.

10.7.4 Bidders are responsible for obtaining the digital certificates for participation / submission of bids at their cost.

10.7.5 The digital certificate shall be registered on the portal www.tenderwizard.com/MRPL and bidders shall upload the bid well in time.

10.7.6 Bidder shall download the bidding manual, system requirement and vendor registration manual and JRE setup for portal www.tenderwizard.com/MRPL to get acquainted with the procedures for submitting the online bids and load their Bids well within the time provided for bid submission to avoid last minute hassles

10.7.7 MRPL shall not be responsible for any delays occurred due to reasons whatsoever in receiving as well as on line submission of offers, including internet connectivity, document uploading/downloading issues etc.

10.7.8 Any corrigendum / amendment to the tender will be uploaded on e-Procurement site www.tenderwizard.com/MRPL and will not be published through other mode. Prospective bidders should visit the above MRPL e-Procurement site from time to time to make note of corrigendum / amendment if any.

10.7.9 In case of any queries regarding registration, bid submission procedure and system related, the bidder shall contact help desk of our e-procurement service provider M/s. ANTRES SYSTEM Ltd., contact person Mr. Dilip Ranganath, contact no. 0824-2882248.Email;[email protected].

10.7.10 Support details as mentioned below;

Support Location Name Contact No. Email ID

Mangalore Mr.DilipRanganath 0824-2882248 [email protected]

Bangalore Mr.Mohan Kumar 080-49352000 [email protected]

Mr.PrabhuSwamy 080-49352000 [email protected]

11.0 TENDERS INVITED ON MANUAL MODE:

11.1 For tenders invited through Manual mode submission, Offer shall be submitted in two parts in two separate sealed covers: Part-I Technical & Commercial (un-priced) bid and Part –II Priced bid.



11.2 Both the sealed covers containing Part-I (Un priced Technical Bid) and Part-II (Priced Bid) shall be put in one single cover and submitted by duly super-scribing Enquiry Number & Bid Closing date to the following address, before due date and time :

Materials Department,

Mangalore Refinery and Petrochemicals Limited,

Kuthethoor, Katipalla, Mangalore 575 030.

Karnataka, India

11.3 In case offer received without super-scribing Tender Number it will be treated as unsolicited offer.

11.4 MRPL will not be responsible for any loss of postal delay.

12.0 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES :

12.1 Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not subject to escalation for any reason whatsoever till the execution of entire Purchase order/Contract, even though it might be necessary for the Purchase order /Contract execution to take longer than the Completion period specified in the Purchase order/Contract.

12.2 The SOR shall be read in conjunction with all other sections of Tender document.

12.3 The price quoted by the Bidder shall be firm and fixed for the completion period of the tendered works, unless stated otherwise.

12.4 Rates / amount must be filled in ‘Schedule of Rates / price bid’ only. In any case, Bidder shall be presumed to have quoted against the tendered description of work and the same shall be binding on the Bidder.

12.5 Bidder shall quote for all the items of ‘Schedule of Rates / price bid’ after careful analysis of cost involved for the performance of the completed item(s) considering all parts of the Tender document. In case any activity though specifically not covered in description of item under ‘Schedule of Rates / price bid’ but is required to complete the work as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Tender document, the item(s) quoted price will deemed to be inclusive of cost incurred for such activity.

12.6 All item(s) of work in the Bill of Quantities shall be carried out as per the specifications, and directions / instructions of the Engineer-in-charge and the rates are inclusive of labour, supervision, as well as preparatory, incidental, intermediate / auxiliary / ancillary or enabling works.

12.7 The rate shall include all expenditure incurred towards mobilisation and de-mobilisation. All prices shall be quoted in Indian Rupees unless otherwise instructed.

12.8 Bidder shall be considered only if the bidder has quoted for all the items of the ‘Schedule of Rates / price bid’ unless stated otherwise. Tenders which are received with some item(s) left blank / not quoted for all the items of the ‘Schedule of Rates / price bid’ shall be liable for rejection.

12.9 For supply items under the scope of the Contractor supply, the rates quoted by the Bidder shall be all inclusive for delivery of materials at site (F.O.R. destination basis). It shall include Basic Cost, all applicable taxes, duties & levies, inspection charge, transportation charges, transit insurance, auxiliary taxes, etc. as may be applicable. The consignee for despatch of materials shall be the Contractor. However, the Contractor/ Supplier shall be responsible for any incidental consequences arising out during the transit of materials up to destination (site).

12.10 Prices quoted by the Bidders shall be strictly in the given price bid format. Prices should not be clubbed with any of items in any way i.e. complete break up as suggested to be given after each item for the materials and works covered under the scope of contract, otherwise the bid may be considered as non-responsive.

12.11 Unless stated otherwise in the Tender Documents, the contract shall be for the complete supplies, services and composite works as described in the relative scope of supplies, services and composite works.

12.12 All Government circulars/ guidelines applicable on tender work would be enforced from time to time and it would be binding on the part of the Bidder/Contractor to abide by the same as per stipulations.



12.13 Price Bid shall not contain any conditions whatsoever. Any condition mentioned therein, Price bid shall not be considered for evaluation.

12.14 Any incomplete bid in any of the above requirement shall be considered as non-responsive and shall be summarily rejected without any reference whatsoever to the Bidder.

12.15 Rates to be quoted in Figures & words :.

The price quoted by the Bidder shall be checked for arithmetic correction, if any, based on rate and amount filled by the Bidder in the standard SOR / Price Bid format. If some discrepancies are found between the rate / amount given in words and figures, the total amount shall be corrected as per the following procedure, which shall be binding upon the Bidder:

12.15.1 Prices shall be written both in Words and Figures. In the event of discrepancy between the price in figures and words, the amount entered in words would be taken into consideration for evaluation and finalization of the order.

12.15.2 When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate quoted by the Bidder shall be taken as correct and amount reworked.

12.15.3 When there is difference between the rate in figures and words, the rate which corresponds to the amount worked out by the Bidder shall be taken as correct.

12.15.4 When it is not possible to ascertain the correct rate, in the manner prescribed above the rate as quoted in words shall be adopted and amount reworked.

12.15.5 When Bidder has quoted only in figures and the amount written against the particular item does not correspond to the rate written in figures, then the higher of the rates i.e. rate worked out by dividing the amount with quantity and quoted rate in figures shall be adopted for evaluation purposes and in the event such a Tender is determined lowest Tender, then lower of the rates mentioned shall be considered to award of the works.

12.15.6 When Bidder has quoted rates in figures and words but has not calculated the amount and the total contract price, such Tenders shall be rejected forthwith without consulting the Bidder.

12.16 Bidder shall bear, within the quoted rates, income tax liability of both corporate and Personnel as applicable in respect of their personnel and their sub contractor’s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income arising out of this contract.

12.17 The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc, Central or State or Local bodies, etc. except GST.

12.18 The rates stated in the Schedule of Rates shall not be subject to escalation on any account whatsoever.

13.0 BID CURRENCY:

13.1 Bidders should quote firm prices in Indian rupee only unless otherwise specified else where in this tender. Prices quoted in any other currency shall not be considered.

13.2 For Global tenders, Foreign Bidders may quote prices for materials and services to be imported into India either in Indian Rupees or in Foreign Currency. For the purpose of this clause and any other relevant provisions in these documents, Foreign Currency (FC) shall mean and be limited to US DOLLARS, GREAT BRITAIN POUND, EURO and JAPANESE YEN.

13.3 Bidders shall quote the price for materials and services to be procured from India and for expenses to be incurred in India only in Indian Rupees.

13.4 For evaluation purposes, the bid price shall be converted to Indian Rupees by converting the Foreign Currency into Indian Rupees at the RBI Exchange Rate prevailing on the day of opening of the price bid.

14.0 EARNEST MONEY DEPOSIT (EMD):

14.1 EMD shall be submitted by way of Demand Draft in favour of M/s Mangalore Refinery and Petrochemicals Limited, and payable at Mangalore. Bank Guarantee in place of demand draft shall



also be accepted as per format enclosed. BG shall be valid for 180 days from the date of bid submission . Offer submitted without requisite / insufficient EMD will be summarily rejected without assigning any reason.

14.2 Earnest Money Deposit (EMD) of value mentioned above should be sent in a separate cover to the following address;

Materials Department, Mangalore Refinery & Petrochemicals Limited, Kuthethoor P.O.,Via Katipalla, Mangaluru- 575 030.

Super scribing tender number and bid submission date on the envelope. It should reach positively on or before the bid due date and time. Otherwise, the bid will be liable for rejection.

14.3 In case of bids invited through EPS, Bidders are also advised to scan the Draft/BG and upload in EPS along with the technical bid document.

15.0 PRE-BID MEETING :

15.1 Pre-bid meeting shall be held as per time & at the venue specified in the Tender Invitation. In case pre-bid meeting information is not available in the Tender Invitation & the Owner decides to have a pre-bid meeting to clarify any issues, necessary intimation with adequate notice shall be posted on e-tendering portal.

15.2 Bidders can submit their queries through the e-tendering portal/e-mail one day prior to the due date of Pre-bid meeting. The queries shall be replied during the pre-bid meeting or the Owner will respond through the e-tendering portal to any request for clarification received by the deadline for submission of queries.

15.3 Brief summary of the queries received through e-tendering portal, queries raised by the attending tenderers during pre-bid meeting and the clarifications given by the Owner respect thereof, as well as any further information which the Owner choose to furnish to the tenderers, shall be posted on e-tendering portal in the form of Minutes of the Meeting or Addendum, which shall form a part of the Tender Documents, unless otherwise specified.

15.4 The tenderer or their representatives with necessary authorisation letter can be present during the Pre bid conference, if any.

15.5 If pre-bid meeting information is not available in the e-tender notice then the same shall not be held.

16.0 LATE BIDS:

16.1 Any bid received by MRPL after the deadline for submission of the bids (including any extension(s) hereof) will be declared “Late” and shall be rejected.

16.2 The “Late Bid” shall be returned unopened to the bidder in due course in case of Manual Tenders.

17.0 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-TENDERS ONLY):

17.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that the modification or withdrawal is uploaded on e-tender website prior to the deadline prescribed for submission of bids.

18.0 BID OPENING:

18.1 UN-PRICED (TECHNO-COMMERCIAL) BID OPENING:

18.1.1 Techno-Commercial (Un-priced) Part (Part-I) will be opened on the scheduled date and time.

18.1.2 For E-Tenders, Bidders can also witness bid opening by logging on to the E-Tendering website through their system using their valid digital signature/certificate.

18.1.3 The bidder or their representative with necessary authorization letter can be present during the technical bid opening in case of Manual tender.

18.1.4 During the opening of Un-priced Part (Part-I), only the names of agencies who have quoted and furnished EMD shall be made public.



18.1.5 Clarification of Bids: MRPL, if necessary, will obtain clarifications on the bid by requesting for such information / clarifications from any or all bidders, either in writing or through personal contact. All responses shall be in writing, and no change in the price or substance of the bid shall be permitted unless specifically sought by MRPL.

18.2 PRICE BID OPENING:

18.2.1 Price part of only those bidders, whose bids are considered techno-commercially acceptable, shall be opened. Bidders selected for opening of their price bids shall be informed about the date of price bid opening.

18.2.2 The Price Bid opening shall be done of e-tender portal and Bidders can also witness bid opening by logging on to the E-Tendering website through their system using their valid digital signature/certificate.

18.2.3 In case of manual tenders, bidders may depute their authorised representative during the price bid opening with necessary authorisation letter.

18.2.4 Any unsolicited reduction in price offered by a bidder within the bid validity by way of discount or revised prices, subsequent to the bid due date, shall not be taken into account for comparison. However, such reduction in price shall be taken into account for ordering if such bidder happens to be recommended as per the originally quoted prices.

18.2.5 In the event of any unsolicited price increase sought by any bidder, subsequent to the bid due date, the bid of such a bidder shall be rejected, in case the bidder does not agree to withdraw the price increase. However, in case the unsolicited price increase is known only after price bid opening and the bidder’s comparative ranking changes by withdrawal of the price increase, the Bidder shall not be allowed to withdraw the price increase and the bid shall be rejected outright. But, if such a bidder is lowest with or without the price increase, the order shall not be placed with price increase and if the bidder does not agree, the enquiry shall be refloated.

18.2.6 Wherever, decision is taken to reject a bid, EMD, if submitted, by the Bidder, shall also be forfeited and action as deemed fit.

19.0 BID EVALUATION AND AWARD CRITERIA:

19.1 The Owner reserves the right to consider/ evaluate only substantially responsive tenders. A substantially responsive tender is one, which, in the opinion of the Owner (which shall be final and binding on the Tenderer(s)), substantially conforms to all the terms, conditions, specifications and requirements of the Tender Document without material deviations or reservations in respect of any of the following:

- Scope, Quality or Performance of the work;

- The Owner’s rights or the Tenderer’s obligations under the contract as per the tender documentation;

- Such deviations the correction of which would affect the competitive position of other tenderers, who have submitted substantially responsive bids;

- Any tender unaccompanied by the Earnest Money in a form which is not acceptable as per the Tender Documents, or falling short of the requirement of the Tender Document, shall be liable for rejection.

- MRPL reserves the right to use in-house information for assessment of capability of bidder and their performance on jobs completed / in progress for evaluation purpose.

- Directives issued by Govt. of India from time to time shall be given due consideration during bid evaluation.

19.2 Expressions like "can offer if required/ will be submitted later/ will be taken up during detailed engineering after order is placed/ noted etc." will be construed as “TOTAL NON-COMPLIANCE” and the Bid shall be deemed “NON-RESPONSIVE AND INCOMPLETE” and may be summarily REJECTED.



19.3 Prior to detailed evaluation of bids, the Owner will determine whether each bid is substantially responsive to the requirement of bidding documents. If the bid is not substantially responsive to the requirements of the Tender Documents, it will be rejected by the Owner, and may not subsequently be made responsive by the Bidder having corrected or withdrawn the non-conforming deviation or reservation.

19.4 The requirements of specifications shall be approximately studied for compliance on each of the points. The Bidder may explain clearly his stand on the specifications not complied with. However bids in compliance to each point would be deemed “Responsive Bid”.

19.5 Bids which do not cover the complete scope of work will be treated as incomplete and shall be rejected.

19.6 Bid stipulating completion period/delivery schedule beyond that specified may not be considered.

19.7 Substantially responsive bids shall be evaluated by the Owner to ascertain the relative position of the best evaluated bid in the interest of the Owner, for the total of the complete supplies and services covered by the Tender Documents including Technical Specifications and as set out in the Price Schedule.

19.8 The evaluation of bids shall be done on the basis of total prices quoted for the complete scope of work and Supply, Services, Composite Works and conditions elsewhere as specified in the tender.

19.9 Bids shall be evaluated on the basis of landed cost at site including site work, if any, including all duties, taxes, TPI, Transportation charges excluding cenvatable GST.

20.0 REBATE: 20.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the bid. If any Bidder

unilaterally reduces the price(s) quoted by him in his bid after opening of bids, such reduction shall not be considered for comparison of prices but shall be binding on the Bidder if he happens to be selected for award of work.

21.0 NOTIFICATION OF AWARD :

21.1 The lowest evaluated bid shall be accepted by owner for award. The Bidder, whose bid is accepted, selected for award of contract by Owner shall be issued Order/Letter/Fax of Acceptance(LOA/FOA) prior to expiry of bid validity. Bidder shall acknowledge the receipt.

21.2 MRPL shall not be obliged to furnish any information / clarification / explanation to the unsuccessful Bidders as regards non-acceptance of their bids. Except for refund of EMD to unsuccessful Bidders, MRPL shall correspond only with the successful bidder.

22.0 UNSOLICITED POST TENDER MODIFICATIONS:

22.1 Bidders are advised to quote as per terms and conditions of the Bidding Document and not to stipulate deviations/ exceptions. Once quoted, the Bidder shall not make any subsequent price changes, whether resulting or arising out of any technical/ commercial clarifications and details sought on any deviations, exceptions or stipulations mentioned in the bid unless any amendment to Bidding Document is issued by MRPL/Owner. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by him are not accepted by MRPL/OWNER and are required to be withdrawn by him in favour of stipulation of the Bidding Document. Any unsolicited proposed price change is likely to render the bid liable for rejection.

23.0 CONTACTING MRPL :

23.1 No bidder shall contact the OWNER on any matter relating to its bid from the time of bid opening till the time Contract is awarded, unless requested to do in writing. Any effort by a bidder to influence the OWNER in the Owner’s decisions in respect of bid evaluation or Contract award will result in the rejection of that bidder’s bid and action as deemed fit shall be initiated against the bidder.

24.0 CANVASSING :



24.1 Canvassing in connection with tenders is strictly prohibited and the Tenders submitted by the Tenderers who resort to canvassing shall be liable to rejection.

24.2 Subject to the provisions concerning clarification of Bids, no Bidder shall contact the Owner on any matter relating to its bid from the time of the bid opening up to the time that the contract is awarded.

24.3 Any effort by the Bidder or Bidder’s representative however described to influence the Owner in any way concerning scrutiny, consideration, evaluation of the Bid(s) or decision concerning award of contract shall entail rejection of Bid and action against the bidder as deemed fit.

24.4 The Owner will deal with the Bidder on a principal bases, without involvement in any manner in India or abroad of any agent or consultant or associate or other person howsoever described.

25.0 COLLUSIVE BIDS:

25.1 In case it appears to the owner, after examining the tenders received, that any 2 (two) or more tenders are collusive or otherwise manipulated to the disadvantage of the owner and against the spirit of ethical competition, the owner reserves the right to summarily reject such tenders. It shall not be incumbent on the owner to prove any collusion or other malpractice in this regard.

26.0 MULTIPLE/ALTERNATIVE BID :

26.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly (as a single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which following actions shall be initiated:

26.1.1 All bids submitted by such bidder (say ‘A’) directly or indirectly, shall stand rejected and EMD, if any, in case of direct bid submitted by bidder “A’ shall be forfeited.

26.1.2 If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B”s bid shall also be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-contractor who is other than the bidder ‘A’, then bidder ‘B”s bid shall be evaluated with the proposed alternative sub-contractor only. Hence, every bidder shall ensure in his own interest that his proposed sub-contractor is not submitting alternative/multiple bids.

27.0 CARTEL FORMATION :

27.1 In case any Bidder is found to be involved in cartel formation, his bid will not be considered for evaluation / placement of Order. Such bidder will also be banned from bidding in future.

28.0 CORRUPT AND FRAUDULENT PRACTICES:

28.1 Bidders are required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ fake/ forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of earnest money deposit.

28.2 OWNER requires that the CONTRACTOR observes the highest standard of ethics during the execution of Contract. In pursuance of this policy, OWNER defines, for the purposes of this provision, the terms set forth below as follows:

a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of public official in contract execution; and

b. “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution of a Contract to the detriment of OWNER, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive OWNER of the benefits of free and open competition.

c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made, manufactured, or false alibi. Something that is not what is purports to be; counterfeit, an imposter.

d. “Forgery” means the false making or the material altering of a document with the intent to defraud. A signature of a person that is made without the person’s consent and without the



person otherwise authorizing it. A person is guilty of forgery if, with the purpose to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor;

i. alters any writing of another without his authority

ii. makes, completes, authenticates, executes, issues or transfers any writing, so that it purports to be the act of another who did not authorize that act or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to, be a copy of an original when no such original exists.

Utters any writing which he knows to be false in a manner specified in (i) & (ii) above.

28.3 OWNER may terminate the Contract if it discovers subsequently that the Contractor had engaged in Corrupt Practices or Fraudulent Practices in competing for the Contract.

28.4 In case, the information/ document furnished by the Contractor forming basis of evaluation of its Bid is found to be false / fake/ forged after the award of the Contract, OWNER shall have the right to terminate the Contract and get the remaining Works executed by a third party at the risk & Cost of the Contractor and without any prejudice to other rights available to OWNER under the Contract such as forfeiture of the Contract Performance Bank Guarantee, withholding of payment etc.

28.5 In case, this issue of submission of false/fake documents comes to the notice after execution of the Works, OWNER shall have full right to forfeit any amount due to the Contractor along with forfeiture of the Contract Performance Bank Guarantee furnished by the Contractor. Further, any Contractor which is found guilty of any Corrupt or Fraudulent Practice or submission of false/fake /forged documents, shall be put on the negative/ holiday list of OWNER debarring them from future business with OWNER.

29.0 PUBLIC UTILITY SERVICE :

29.1 The Bidder / Contractor shall take on record that MRPL has been declared as a Public Utility Service under Industrial Dispute Act 1947 and Essential Services Maintenance Act 1994 and various other provisions hereby undertake on their behalf and on behalf of the employees under their roll that they refrain from indulging in any activity(ies) which would hamper Industrial peace in MRPL and also would extend their Assistance and support to MRPL to comply with the requirements within mentioned statutory requirement / declaration.

30.0 INTEGRITY PACT: (If applicable)

Integrity Pact documents has been attached herewith. The said document shall be signed in all the pages by the signatory of the bidder, who signs the bid and returned with the techno-commercial bid. Offer of those bidders who do not attach the Integrity Pact duly signed shall be summarily rejected without any further reference to the bidder.

31.0 RAISING DISPUTES/COMPLAINTS. (Applicable for all tenders where Integrity Pact is

applicable.) 31.1 MRPL has appointed independent external monitors (IEMs). Bidders may raise disputes/complaints,

if any, with the nominated Independent External Monitors (IEM). The name, emails & Phone no of the present IEMs are as given below:

SI No

IEMs E-mail Id Mobile / Phone

1 Shri. M N Krishnamurthy, IPS (Retd.)

[email protected] 9591110000 080-25427282

2 Shri S Ravi, IRS(Retd.) [email protected] 9444143642 044 -24792558

31.2 Curriculum Vitae of Independent External Monitors (IEMs) are placed permanently on the home

page of MRPL’s website www.mrpl.co.in –Tenders.

32.0 HOLIDAY LISTING POLICY: MRPL Tender No. 3300007070 20 of 147 ________________



32.1 The Guidelines and procedures for Holiday Listing are available in MRPL website as Holiday Listing Policy and shall be applicable in the context of all tenders and consequently all Orders / Contracts / Purchase Orders. This can be accessed at URL www.mrpl.co.in refer to Tenders - Holiday Listing Policy.

32.2 Agencies participating in tenders are deemed to have read, accepted and agreed for the Holiday Listing Policy of MRPL and shall not seek any damages/compensation from MRPL on account of the Holiday Listing of business with the Agency.

32.3 DECLARATION : Any party or its associated company if had been in the holiday list / black-listed/ banned by any Central / State Government agencies or any Central / State PSU company or any Regulatory Institution/Authority and such name appears in the list of the above mentioned central / state Government agencies or central / state PSUs or any Regulatory Institution/Authority as on date is disqualified and would not be considered.

An affidavit to this effect/ or an affidavit that the vendor is not holiday listed / black listed / banned by above mentioned Agencies is required to be produced, if called for by MRPL, in the event of award of work order.



SECTION-D GENERAL CONDITIONS OF CONTRACT (GCC)

INDEX

CLAUSE. No. DESCRIPTION

SECTION - I 1.0 DEFINITIONS

SECTION - II 2.0 LOCATION AND ACCESS OF SITE

3.0 SCOPE OF WORK 4.0 CONSTRUCTION POWER & WATER

5.0 ACCOMODATION 6.0 TRANSPORTION 7.0 CONSTRUCTION EQUIPMENT 8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE

SECTION - III

9.0 GENERAL GUIDELINES 10.0 CORRECTNESS OF DOCUMENT

11.0 EARNEST MONEY DEPOSIT 12.0 BID VALIDITY / BID OPENING 13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD 15.0 SITE ORGANISATION 16.0 UNDERGROUND AND OVERHEAD STRUCTURES 17.0 CO-ORDINATION WITH OTHER AGENCIES

18.0 NOTE TO SCHEDULE OF RATES 19.0 ACCEPTANCE OF TENDER 20.0 ISSUE OF WORK ORDER / LOI

SECTION - IV 21.0 INTERPRETATION OF CONTRACT DOCUMENTS 22.0 SECURITY DEPOSIT

23.0 RECOVERY OF SUMS DUE 24.0 FORCE MAJEURE CLAUSE 25.0 PRICE REDUCTION SCEHDULE

26.0 PENALTY CLAUSES 27.0 SUB-LEASING / OPERATION OF CONTRACT

28.0 SUSPENSION OF WORKS 29.0 CANCELLATION

30.0 TERMINATION

31.0 INSPECTION / OPERATION CONTRACT 32.0 MAKE OF EQUIPMENTS/COMPONENTS

33.0 QUALITY ASSURANCE SYSTEM

34.0 TEST AND INSPECTION OF WORKS 35.0 DEFECT LIABILITY 36.0 LIMITATION OF LIABILITY 37.0 RISK PURCHASE CLAUSE

38.0 COPY RIGHT / TRADE MARK OF MRPL RELATED DISCIPLINE

39.0 ROYALTY



40.0 BUSINESS SECRET/MARKETING DISCIPLINE 41.0 SEVERABILITY

SECTION - V 42.0 PAYMENT TERMS 43.0 ADVANCE PAYMENT / MOBILISATION ADVANCE

SECTION - VI 44.0 ARBITRATION & CONCILIATION 45.0 JURISDICTION

SECTION - VII 46.0 TAXES AND DUTIES 47.0 CHANGE IN LAW

SECTION – VIII 48.0 MANPOWER EMPLOYED BY TENDERER 49.0 MEDICAL 50.0 LABOUR LAWS

51.0 LABOUR RELATIONS 52.0 CONTRACTOR’S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK 53.0 TEMPORARY WORKS

54.0 PROVIDENT FUND 55.0 OBSERVATION OF FORMALITIES RELATING TO PF, ESI REGISTRATIONS

56.0 INSURANCE

57.0 CONTRACTOR FURNISHED INSURANCE

58.0 VERIFICATION OF CHARACTER AND ANTECEDANTS OF CONTRACTUAL MANPOWER

59.0

BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT MANAGEMENT SYSTEM AND MEETING OF STATUTORY REQUIREMENTS IN ENGAGEMENT OF SECONDARY WORK FORCE

60.0 DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY CONTRACTOR

SECTION - IX

61.0 STATUTORY REQUIREMENTS / SAFETY RELATED ASPECTS

SECTION – X

62.0 GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR ENVIRONMENT AND ENERGY COMPATIBILITY

63.0 GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR ENVIRONMENT AND ENERGY COMPATIBILITY

SECTION – XI 64.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs) 65.0 CONDITIONS FOR START-UP COMPANIES

66.0 POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) PP-LC.



SECTION - D

GENERAL CONDITIONS OF CONTRACT (GCC)

SECTION - I

1. DEFINITIONS :

1.0 The following expressions hereunder and elsewhere in the Contract Documents used, unless objectionable to the subject or context thereof, shall have the following meanings hereunder respectively assigned to them, namely;

1.1 The “OWNER” means Mangalore Refinery & Petrochemicals Limited a company incorporated in India having its registered office at Mangalore, Karnataka and shall include its successors and assignees

1.2 "Acceptance of Tender" shall mean the Acceptance of Tender issued by the OWNER to the CONTRACTOR, and shall include a letter, e-mail or fax of acceptance or other notification of award of work, and a detailed Letter of Acceptance.

1.3 "Approval" shall mean the written and signed approval of the OWNER or of Engineer-in-Charge or Consultant authorized in this behalf by the OWNER, and with respect to a plan or drawing shall include an approval subject to the limitation(s) specified in such approval.

1.4 "Approval " shall mean an approval to proceed with the work covered by plans or drawings subject to certain limitation(s) as specified in such approval.

1.5 The "Contract" shall mean the agreement between the parties as derived from the Contract Documents.

1.6 The "CONTRACTOR" shall mean Individual, Agency, Firm or Company (whether incorporated or not) selected by the OWNER for the performance of the Contract and shall include its legal representatives, successors and permitted assigns.

1.7 The "Contract Documents" shall means collectively the Tender Document. Designs. Drawings or Specifications, agreed variations, if any, and such other document constituting the tender and acceptance thereof.

1.8 "Completion" or "Final Completion" shall mean the successful provision of all materials and inputs and the successful completion and conclusion of all activities required in all respects to complete the contractual works in accordance with the contract, but shall not include the obligation to rectify defects during the Defect Liability Period.

1.9 "Completion Certificate" shall mean the Completion Certificate issued by the Engineer-in-Charge in accordance with the provisions hereof.

1.10 "Commissioning" of a Plant or Unit shall mean pressing into service the unit(s), equipment(s), vessels, pipeline(s), machinery and systems and sub-systems comprising the Plant, in accordance with the approved Operation Manual and as per procedures recommended by the Designer/Process Licensor or Supplier thereof, and approved by the OWNER, after successful trial runs of the Plant/Unit.

1.11 "Consultant" shall mean the Consultant appointed by the OWNER for the Project/job or the Works.

1.12 "Consumables" shall mean all items which are consumed in the execution of the Work, without being directly incorporated in the Work, such as fuel, electricity, water, welding rods, electrodes and utilities.

1.13 "Defect Liability Period" shall mean the defect liability period as specified in the Contract.

1.14 The "Engineer-in-Charge" shall mean the Engineer or other officer of the OWNER, Consultant or other organisation for the time being nominated by the OWNER in writing to act as Engineer-in-Charge for the purpose of the Contract or any specific works.

1.15 "Final Certificate" shall mean the final certificate issued by the Engineer-in-Charge in accordance MRPL Tender No. 3300007070 24 of 147 ________________



with the provisions hereof.

1.16 "General Manager" shall mean the General Manager or other Chief Executive (howsoever designated) of the Project to which the Contract relates, and if there is no such separate Chief Executive, shall mean the Executive Director (if any) or the General Manager, as the case may be, of the Refinery, Unit or Department of the OWNER to which the Project relates.

1.17 "Guarantee tests" shall mean all tests, undertaken after the Plant goes into operation and has stabilized, for ensuring that the functioning of the Plant meets all guarantees, as regards throughput, quality and magnitude/quantity of output, at the final stage as well as at the stipulated interim stages of operation/process, as well as in respect of consumption of utilities, chemicals and catalysts, etc.

1.18 "Job Site" shall mean any site at which the work is to be performed by the CONTRACTOR, and shall include a part or portion of the job site.

1.19 "Manuals" shall mean the Erection and Installation Manual of the various equipment and machinery forming part of the Work(s) or Plant(s)/Unit(s) as well as the Operation and Maintenance Manuals thereof.

1.20 "Materials" shall mean all materials, plant, machinery, instruments, components, equipments, sub-assemblies and assemblies, parts, spares and other items or things required for permanent incorporation in the works.

1.21 "Mechanical Completion", as applied to a Plant or Unit, shall mean the completion of civil works, erection, aligning and grouting of all mechanical and electrical equipment and piping, hydrostatic and other testing of all storage tanks, vessels, piping etc., all electrical and all utility connections to the equipment, mounting and fixing of all instruments, control systems and connecting them as required, testing and trial runs of all equipment on "no-load" and bringing the Plant to a state of readiness for pre-commissioning.

1.22 "Order" and "Instruction" shall respectively mean any written Order or Instruction given by the Engineer-in-Charge or Site Engineer within the scope of their respective powers in terms of the Contract.

1.23 "Plans" and "Drawings" shall mean and include all technical documentation such as maps, sketches, designs, drawings, plans, details, charts, schedules, tracings, prints, computer outputs, printouts, and manuals, relating to the work forming the subject matter of the contract, including but not limited to those forming part of the Tender Documents, Offer Documents, and working drawings and details, together with amendments/ alterations/ revisions/ modifications thereto, as may have been approved by and/or furnished by the OWNER, the Engineer-in-Charge and/or the Consultant, as well as "As-Built" drawings to be submitted by the CONTRACTOR, as required under the contract.

1.24 "Pre-commissioning" shall mean the activities to be taken up before the taking up of Start-up, Commissioning and trial runs of the Plant/Unit, and shall include, without being limited to, all operations such as checking of all systems, subsystems, piping and vessels, flushing with air, water and steam, air-blowing and steam-blowing, system pressure and leak tests, purging with inert gas as required, checking all electrical equipment for earthing/ resistances, operability tests and cold run on all operating equipment, vessels and systems individually and in combination, integration of all control systems with one another and with the main control system, and completion of all operations detailed under the head, "COMPLETION OF CONSTRUCTION".

1.25 "Progress Schedule" shall mean the Progress Schedule established by the CONTRACTOR and approved by the Engineer-in-Charge for completion of the work(s) within the time schedule in accordance with the provisions hereof and failing such Progress Schedule, shall mean the Progress Schedule established by the Engineer-in-Charge in accordance with the provisions hereof.

1.26 "Performance Test(s)" shall mean all tests meant to ensure that the Plant(s)/Unit(s) is/are in all respects in accordance with the requirements of the Contract and that the Plant functions properly and smoothly, in all respects as per the approved design parameters, within the permissible tolerances, and satisfies all the stipulated operating parameters, and will include the Guarantee Tests.



1.27 "Project" shall mean the project embracing the work(s) forming the subject matter of the Contract.

1.28 The "Site Engineer” shall mean the Engineer(s)/Officer(s) for the time being designated by the Engineer-in-Charge as his representative(s) in writing, and authorized by him to assist him in performing his duties and functions for the purpose of the Contract.

1.29 "Plant" or "Unit" shall mean the grouping of and assembly of systems, subsystems, machinery, equipment, piping and associated facilities, designed to function as a cognizable part of the Project Facility whether alone or in conjunction with other Plants/Units and Facilities.

1.30 "Schedule of Rates" or "Price Schedule" shall mean the Schedule of Rates or Price Schedule annexed to the Acceptance of Tender, and shall also include a lump sum price.

1.31 The "Specification(s)" shall mean the various specifications as set out in the Specifications forming part of the Tender Documents and as referred to and derived from the Contract and any order(s) or instruction(s) thereunder, and in the absence of any specifications as aforesaid covering any particular work or part or portion thereof, shall mean the Specifications and Codes of the Bureau of Indian Standards and other Organizations, including but not limited to British Standards Institution, ASTM, ASME, ANSI, API, AWS, AWWA, NACE, HEI, IEC, IBR, IEEE, EIL, CPWD, etc, with such modifications as may be applicable for the particular part(s) of the Contract, as decided by the Engineer-in-Charge and as per Standard Engineering and Industry Practice and/or as directed by the Engineer-in-Charge.

1.32 "Security Deposit" shall mean the Security Deposit as specified hereof and associated clauses there under.

1.33 "Subsystems" shall mean the further breakdown of a System into its subsections and sub-components, each designed to fulfill a precisely demarcated function or role in the working of the system.

1.34 "Start-up" shall mean all activities required to be performed after pre-commissioning and prior to trial operation and shall include final pre-commissioning inspection and check out of equipment, vessels and system(s) and supporting sub-system(s), initial operation of complete equipment and systems within the Plant/Unit to obtain necessary pre-trial operation data, confirmation and correction of calibration, shutdown inspection and adjustment and other steps required to be taken prior to and enable commissioning/trial operation.

1.35 "System" shall mean the breakdown of the Plant or Unit into specific sections and components, each designed to fulfill a precisely demarcated function or role in the working of the Plant/Unit (Examples: Fresh water system, circulating water system, steam and power generation and distribution systems, fuel system, effluent system in a Power Plant.)

1.36 "Time Schedule" shall mean the Time Schedule for final completion of the Works or Mechanical Completion of the Plant(s)/Unit(s), as the case may be, incorporated in the Contract or as may be extended by the OWNER or Engineer-in-Charge pursuant to the provisions hereof and shall include interim time schedules set up for achieving interim/phase-wise/stage-wise progress/completion/ testing/ commissioning/ handing over, as may be prescribed by the OWNER/ Engineer-in-Charge, within the overall Time Schedule as originally envisaged or as extended.

1.37 The "Total Contract Value" shall, up to calculation of the entire remuneration due to the CONTRACTOR in terms of the contract on successful completion of the work, mean the Total Contract Value as specified in the Acceptance of Tender, and after calculation of the entire remuneration due to CONTRACTOR under the contract on successful completion of the contract, shall mean the totality of such remuneration.

1.38 "Utilities" shall mean power, electricity, gas and other sources of energy, water, earth and other things whatsoever (other than materials and consumable(s)) required for or in the performance of the work(s).

1.39 "Work", "Scope of Work", "Service", and "Scope of Services" shall mean the totality of the work, services and activities to be performed or undertaken and the totality of the responsibilities to be discharged, as envisaged by expression or implication in the contract and shall include all inputs required for such performance and discharge including (but not limited to) know-how, design/engineering inputs, preparation and supply of drawings and details, project management



(including pre-construction activities, tendering, procurement, inspection and expediting), construction supervision, pre-commissioning, start-up and commissioning and supply of consumables, labour, construction and other requisite machinery and equipment, utilities and inputs required for, relative or incidental to and/or in connection with the performance of the contract up to completion (including testing, commissioning, handing over, troubleshooting, rectification, maintenance and defect liabilities).

SECTION – II

2.0 LOCATION AND ACCESS OF SITE :

2.1 The work site is located within MRPL Refinery complex, Mangaluru / Refer SCC.

3.0 SCOPE OF WORK :

3.1 The scope of the work covered in this tender shall be as specified in the various Technical Specifications/SCC. It is, however, explicitly understood and confirmed by the CONTRACTOR that the scope as described in the TENDER DOCUMENT is not limiting, in so far as the responsibilities of the Contractor shall include, inter-alia, carrying out any and all works and providing any and all facilities those are required in accomplishing the task, complying fully with all requirements as are envisaged of it, complete in all respects and satisfying all performance and guarantee requirement stated or implied form the contents of the BIDDING documents. Note: Please refer to SCC for Tech specifications/conditions/Price bid.

4.0 CONSTRUCTION POWER & WATER (If APPLICABLE):

Please refer SCC / Scope of work

5.0 ACCOMMODATION :

5.1 MRPL shall not provide any accommodation for Contractor/ his staff /workers. Special instruction if any in this regard, please refer SCC/ Scope of work.

6.0 TRANSPORTATION :

6.1 MRPL shall not arrange any transportation (to and fro) to MRPL for Contractor/ his staff /workforce. Special instruction if any in this regard, please refer SCC/ Scope of work.

5.2

7.0 CONSTRUCTION EQUIPMENT :

7.1 The Contractor shall without prejudice to his overall responsibility to execute and complete the work as per specifications and Time Schedule, progressively deploy adequate equipments and tools and tackles and augment the same as decided by the Engineer-in-Charge depending on the exigencies of the work so as to suit the construction schedule. The tenderer shall submit a list of construction equipments he proposes to deploy for the subject work along with deployment schedule. No construction equipment shall be supplied by the Owner Unless, otherwise specified. Tenderer to ensure deployment of suitable cranes/required equipment and take all safety precautions during execution of work . Refer SCC for clear terms.

8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE (If applicable) :

8.1 The contractor shall put up temporary structures as required by him for his office fabrication shop and stores only on the area allocated to him on the Project Site. No tea stalls/canteens should be put up or allowed to be put up by contractor in plant area without written permission of the owner.

8.2 No Person other than authorised watchman shall be allowed to stay in the plant area after completion of the days work without prior written permission of the Engineer-in-charge.

SECTION - III

9.0 GENERAL GUIDELINES (As applicable) : MRPL Tender No. 3300007070 27 of 147 ________________



9.1 Every tenderer must quote strictly in accordance with the conditions and specifications prescribed by MRPL. Special conditions (if any) submitted along with the tender documents by the bidder will not be applicable to this Tender, in case they are in conflict with any of our terms and conditions.

9.2 All entries in the tender must be written in permanent ink or typewritten without use of eraser or overwriting. Corrections if any, should be attested under the full signature of the Bidder.

9.3 All tenderers are required go through the GCC carefully and submit a declaration statement as enclosed in tender as token of having read, understood and accepted the conditions, along with information called for by MRPL.

9.4 Company will not be responsible for loss or late /non-receipt of tender documents.

9.5 MRPL reserve the right to assess bidder’s capability and capacity to execute the work using in-house information and by taking into account other aspects such as concurrent commitments and past performance, etc.

9.6 Submission of authentic/genuine documents is the prime responsibility of the bidder. Wherever MRPL has concern or apprehension regarding the authenticity/genuineness of any document, MRPL reserves the right of obtaining the documents cross verified from the document issuing authority.

9.7 MRPL reserve the right to complete the evaluation based on the details furnished by the bidder in the first instance along with their bid without seeking any additional information.

9.8 Bidder should have independent ESI & PF code allotted by Employee State Insurance Corporation and Employees Provident Fund Organization. The details should be enclosed along with the technical bid. However, in the event of non-availability of PF code at the time of submitting the bid, the successful bidder shall obtain the same within 45 days from the date of commencement of the work and an undertaking to this effect shall be enclosed.

9.9 The wages paid by the contractor to their employees / workmen shall be fair and in no case be less than the wages prescribed by the appropriate Government under the Minimum Wages Act, 1948 and all provisions of Regulation of Contract Labour Act. In addition to the minimum wages prescribed by the appropriate government/authorities, the successful bidder shall pay employer contribution of PF, ESI, Leave wages, Bonus as per bonus act, MRPL special allowance as per clause 59.0 . All safety gadgets, Uniform shall be given to the employees by the bidder as per F&S Dept requirements.

9.10 All tenderers are required to give details in the Performa attached (Appendix-V, VI & VII) and attach to Technical bid.

9.11 DIFFERENCE IN MEANINGS/TERMS : In case of any difference of any of the terms and conditions either in the meaning or understanding or contradictory terms or conditions at different places/portions in this document, the more stricter terms favouring MRPL will apply. The bidder shall also seek clarifications on such issues from MRPL before submission of the quotes.

10.0 CORRECTNESS OF DOCUMENT:

10.1 It shall be understood that every endeavour has been made to avoid error which can materially affect the basis of this tender and the successful tenderer shall take upon himself and provide for risk of any error which any subsequently be discovered and shall make no subsequent claim on account thereof no advantage is to be taken by the tenderer successful Or otherwise of any clerical error of mistake which may occur in the general specification, schedules, plans of tender forms supplied to the tenderer.

11.0 EARNEST MONEY DEPOSIT :

11.1 Incomplete tender/ tenders without requisite / insufficient EMD will be rejected. The Company reserves the right to reject a tender or all the tenders without assigning any reason whatsoever.

11.2 EMD may be paid in one of the following forms in a separate sealed cover.

i. Demand drafts or Pay Order drawn on Scheduled Bank in favour of MRPL, Mangalore.

ii. Bank Guarantee in prescribed format (enclosed) which is enclosed, executed by scheduled / Nationalised Bank and valid for a period of 180 days.

iii. EMD to be sent to the concerned officer before due date/ time.

11.3 Company will not be responsible for loss or late / non receipt of EMD. MRPL Tender No. 3300007070 28 of 147 ________________



i. No interest shall be payable on Earnest Money Deposit.

ii. Late receipt of EMD will be summarily rejected.

iii. No Cheques will be accepted towards EMD.

11.4 Tender will be summarily rejected under following circumstances

i) EMD submitted in form of cheque. ii) The name of tender mentioned in the BG is different from the tender for which bids have been

invited. iii) The firm on whose behalf the BG has been furnished is different from the bidder iv) The EMD is not of prescribed/requisite value. v) The validity of the BG is less than the stipulated period.

11.5 Earnest Money is liable to be forfeited if tenderer.

i) Withdraws or modifies offer in full or part during the validity period.

ii) Failure of the bidder to honor their offer.

iii) Non acceptance of Purchase / Work Order placed by MRPL.

iv) Does not Confirm of acceptance of order within the stipulated time after placement of order.

v) Inability to perform satisfactorily after receipt of order in case of successful bidder.

vi) If document(s)/certificate(s) submitted along with the bid are found false/fake, fabricated, incorrect information.

vii) The name of the tender mentioned in the BG is different from the tender for which bids have been invited.

viii) The firm on whose behalf the BG has been furnished is different from the bidder.

11.6 The following are exempted from payment of EMD.

i. The unit is registered with NSIC for the item tendered.

ii. In- line with the Government Directives, Small Scale Industrial Units registered with National Small scale Industries Corporation (NSIC) under the single point registration scheme shall be exempted from submitting EMD for items registered with NSIC and upto the monetary limit specified in the registration certificate.

iii. MSE (Micro &. Small Enterprises) registered with DIC.

iv. MSEs who are having Udyog Aadhar Memorandum.

v. PSU’S are exempted from payment of EMD.

11.7 Refund of EMD :

i. If the successful tenderer commences supplies / work and also lodges the security deposit in the manner prescribed and within the period specified, MRPL shall return to him Earnest Money Deposit, paid by him without any interest thereon.

ii. Earnest Money Deposit will be refunded to all unsuccessful tenderers after finalisation of the Tender.

12.0 BID VALIDITY / BID OPENING :

12.1 The rate quoted against this tender shall be valid for a period as mentioned in the NIT (as specified in from the date of opening of tenders and once the quotation is accepted and order placed on the successful tenderers, the rate shall be valid for the full period of the contract (INCLUDING THE EXTENDED PERIOD, IF OPTED BY MRPL).

12.2 Tenderers are requested to carefully study the entire tender document and the conditions so specified before quoting their rates, no alteration in the tender rates quoted will be allowed.

12.3 The Technical bid opening for Public Tenders will be done on the same day of Bid closure.

12.4 The price bid of the qualifying parties will be opened online as per MRPL Procedures for e-procurement tenders.



13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

13.1 The right to accept the tender will rest with the OWNER. The OWNER, however, does not bind himself to accept the lowest tender, and reserves to itself the authority to reject any or all the tenders received without assigning any reason whatsoever. At the option of the Owner, the work for which the tender had been invited, may be awarded to one Contractor or split between more than one bidders, in which case the award will be made for only that part of the work, in respect of which the bid has been accepted. The quoted rates should hold good for such eventualities. Tenders in which any of the particulars and prescribed information are missing or are incomplete in any respect and/or the prescribed conditions are not fulfilled are liable to be rejected. The Tender containing uncalled for remarks or any additional conditions are liable to be rejected. Canvassing in connection with tenders is strictly prohibited and tenders submitted by the Tenderers who resort to canvassing will be liable to rejection.

14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD – Refer SCC :

14.1 The WORK shall be executed strictly as per the TIME SCHEDULE specified in TENDER/CONTRACT Document. The period of construction given in Time Schedule includes the time required for mobilisation as well as testing, rectifications if any, retesting and completion in all respects to the entire satisfaction of the ENGINEER-IN- CHARGE.

14.2 A joint programme of execution of the WORK will be prepared by the ENGINEER-IN-CHARGE and CONTRACTOR based on priority requirement of this project. This programme will take into account the time of completion mentioned in 14.1 above and the time allowed for the priority works by the ENGINEER-IN-CHARGE.

14.3 Monthly/weekly construction programmes will be drawn up by the Engineer-in-charge jointly with the Contractor based on demand/ availability of materials, work fronts etc. The Contractor shall scrupulously adhere to the targets/programmes by deploying adequate personnel, survey instruments, construction equipment, tools and tackles and also timely supply of required materials coming within his scope of supply as per contract. In all matters concerning the extent of targets set out in the monthly/weekly programe and the degree of achievements, the decision of Engineer-in-charge will be final and binding on the Contractor.

14.4 Contractor shall give every day report on deployment of category-wise labour and equipment along with the progress of work done on previous day in the proforma prescribed by the Engineer-in-Charge.

15.0 SITE ORGANISATION :

15.1 The tenderer shall submit the details of organisation proposed by him at site of work for the implementation of the works under the contract, together with bio-data of the key personnel. The contractor shall however without prejudice to his overall responsibility of execute and complete the works as per specifications and time schedule progressively deploy adequate qualified and experienced personnel together with skilled/unskilled manpower and augment the same as decided by Engineer-in- Charge depending on the exigencies of work to suit the construction schedule without any additional cost to owner.

16.0 UNDERGROUND AND OVERHEAD STRUCTURES :

16.1 The Contractor will familiarise himself with and obtain information and details from the Owner in respect of all existing structures, overhead lines, existing pipelines and utilities existing at the job site before commencing work. The Contractor shall execute the work in such a manner that the said structures, utilities, pipelines etc are not disturbed or damaged and shall indemnify and keep indemnified the Owner from and against any destruction thereof or damages thereto.

17.0 CO-ORDINATION WITH OTHER AGENCIES :

17.1 The work shall be carried out in such manner that the work of other agencies operating at the site is not hampered due to any action of the Contractor. The Contractor will be responsible for ensuring proper co-ordination with other agencies. In the event of any dispute between the Contractor and any other agency employed at the job site arising out of or related to the performance of the work, the decision of the Engineer-in-charge shall be final and binding on the Contractor.



18.0 NOTE TO SCHEDULE OF RATES:

18.1 The Schedule of Rates should be read in conjunction with all the other sections of the tender.

18.2 The tenderer shall be deemed to have studied the DRAWINGS, SPECIFICATIONS and details of work to be done within TIME SCHEDULE and to have acquainted him of the condition prevailing at site.

18.3 Rates must be filled in the Schedule of Rates of original Tender Documents. If quoted in separate typed sheets no variation in item description or specification shall be accepted. Any exceptions taken by the tenderer to the Schedule of Rates shall be brought out in the terms and conditions of the offer.

18.4 The quantities shown against the various items are only approximate. Any increase or decrease in the quantities shall not form the basis of alteration of the rates quoted and accepted.

18.5 The Owner reserves the right to interpolate the rates for such items of work falling between similar items of lower and higher magnitude.

19.0 ACCEPTANCE OF TENDER:

19.1 The Owner reserves the right to reject, accept or prefer any or all or part of the Tender or to annul the bidding process at any time prior to award of Contract, without thereby incurring any liability to the affected Bidders.

19.2 Although ordinarily the lowest responsive bid amongst the bids submitted by tenderers and considered by the Owner as qualified and competent shall be preferred, the Owner reserves the right not to accept the lowest bid if in its opinion this would not be in the interest of the work.

19.3 Tenders in which any of the particulars and prescribed information is missing or is incomplete in any respect and/or the prescribed conditions are not fulfilled shall be considered non-responsive and are liable to be rejected.

19.4 The Owner may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.

19.5 The price bid of only those Bidders will be opened who are considered techno-commercially acceptable to the Owner. Date of opening of the price bid shall be informed to the technically qualified Bidders.

19.6 The decision of Owner for acceptance of tender shall be final.

20.0 ISSUE OF WORK ORDER/LOI :

20.1 Work order for the awarded work shall be issued after award of works, which is intimated to the successful tenderer by a Letter of Acceptance (LOA) / Letter of Intent(LOI) / Order. Until the final contract document/W.O is prepared and executed, this tender document together with annexed documents, modifications, deletion, agreed upon by the Owner and the Tenderer's acceptance thereof shall constitute a binding contract between the successful tenderer and the owner based on the terms contained in the above said documents and the finally submitted and accepted price schedule.

20.2 The Work order / Purchase order / Contract shall consist of the following:

(a) Letter of Acceptance / Letter of Intent along with its enclosures.

(b) Tender document with its enclosures.

(c) Agreement on Stamp paper, at MRPL discretion.

20.3 The statement of agreed deviation shall be prepared based on the final terms and conditions and shall be enclosed along with LOA/LOI/Order and all correspondence and minutes of meeting held between the owner and the tenderer prior to the issue of LOA/LOI/Order shall be treated as NULL AND VOID. Any deviation or stipulation made and accepted by the owner after the award of jobs shall be treated as amendments to the contract documents.



SECTION – IV

21.0 INTERPRETATION OF CONTRACT DOCUMENTS:

21.1 The several Contract documents forming the Contract are to read together as a whole and are to be taken as mutually explanatory.

21.2 Notwithstanding the sub divisions of the document into these separate sections and volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be practicable to do so.

21.3 In case of an irreconcilable contradiction in the commercial terms or conditions to the extent that the two provisions cannot co-exist, the following shall prevail in order of precedence.

i) Contract Agreement ii) Detailed Letter of Acceptance/Purchase Order/Work Order/Contract iii) Statement of Agreed Variations iv) Special Conditions of Contract v) Instructions to Bidders vi) Price Schedule vii) General Conditions of Contract viii) Any other documents forming part of the Contract.

21.4 Where any portion of the Special Conditions of Contract (SCC) is repugnant to or at variance with any provisions of the General Conditions of Contract them unless a different intention appears. the provision of the Special Conditions of Contract shall be deemed to override the provisions of the General Conditions of Contract only to the extent such repugnancies or variations in the Special Conditions of Contract as not possible of being reconciled with the provisions of General Conditions of Contract.

21.5 Wherever it is stated anywhere in this tender document that such and such a supply is to be effected or such and such a work is to be carried out, it shall be understood that the same shall be effected/carried out by the contractor at his own cost, unless a different intention is specifically and expressly stated herein or otherwise explicit from the context.

21.6 The materials, design and workmanship shall satisfy the relevant Indian Standards, the Technical Specifications contained herein and codes referred to. Where the job specifications stipulate requirements in addition to those job contained in the standard codes and specifications, these additional requirements shall also be satisfied.

21.7 In case of an irreconcilable conflict between Indian or other applicable standards. General Conditions of Contract, Special Conditions of Contact, Specifications, Drawings and/or Schedule of Rates, the following shall prevail to the extent of such irreconcilable conflict in order of precedence.

i) Formal Contract ii) Detailed Letter of Acceptance iii) Statement of Agreed Variations iv) Job specifications / Scope of Work v) Drawings vi) Technical / Material Specifications vii) Quality Assurance Procedures viii) Applicable Codes & Standards ix) Special Conditions of Contract x) General Conditions of Contract xi) Price Schedule xii) Instructions to Bidders xiii)Any Other documents forming part of contract

21.8 It will be the Contractor's responsibility to bring to the notice of Engineer-in-charge any irreconcilable conflict in the Contract documents before starting the work(s) or marking the supply / service with reference to which the conflict exists.

21.9 In the absence of any Specifications covering any material, design or work(s) the same shall be performed/supplied/executed in accordance with standard Engineering practice as per the instructions/directions of the Engineer-in-charge, which will be binding on the Contractor.



21.10 Headings and Marginal Notes: All headings and marginal notes to the clauses of these General Conditions of Contract or to the SPECIFICATIONS or to any other Tender Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof the CONTRACT.

21.11 Singular and Plural: In CONTRACT DOCUMENTS unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires.

22.0 SECURITY DEPOSIT (applicable for order value Above Rs 10.00 Lakhs) :

22.1 The Successful tenderer will have to deposit with MRPL (within 15 days of award of work order) an amount equivalent to 10 % of Order value / 3% of Annual Contract value for Annual Rate Contract interest free security deposit towards due & satisfactory performance of contract, such SD shall be limited to annual order value in case of Annual rate contract only.

22.2 SD shall be submitted In the form of Pay order or Demand Draft in favour of MRPL drawn on a Nationalised / scheduled bank payable at Mangalore on which no interest will be payable.

OR

In the form of Bank Guarantee from Nationalised / scheduled bank acceptable to MRPL as per company standard Performa which is enclosed. The Bank Guarantee will be valid for ONE year, renewable every year, for the balance period of the contract.

22.3 MRPL is entitled without being bound to do so, to adjust the whole or any portion of the security deposit towards the recovery of any amount due to MRPL from the successful tenderer. The Security Deposit or such portion thereof that has not been adjusted towards recovery of amount due from the successful tenderer will be refunded within 15 days of on satisfactory completion of the contract or after the expiry of DEFECT LIABILITY PERIOD wherever applicable. No interest is payable by MRPL to the successful tenderer on the security deposit.

22.4 Security deposit shall be forfeited in case the vendor fails to execute the order.

23.0 RECOVERY OF SUMS DUE :

23.1 Whenever any claim against the CONTRACTOR for payment of a sum of money arises out of or under the contract, the Owner shall be entitled to recover such sums from any sum then due or which at any time thereafter may become due from the contractor under this or any other contract with the Owner and should this sum be not sufficient to cover the recoverable amount the Vendor shall pay to the Owner on demand the balance remaining due.

24.0 FORCE MAJEURE CLAUSE :

24.1 Circumstances leading to force majeure;

(a) act of terrorism;

(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection of military or usurped power;

(c) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed, and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract.



For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.

24.2 Notification of Force Majeure; Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from, or delaying the Affected Party in performing its obligations under the Contract.

24.3 Right of either party to terminate; If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause, either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party.

24.4 Payment in case of termination due to Force Majeure; The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure. The Contractor has no entitlement and Owner has no liability for:

a) any costs, losses, expenses, damages or the payment of any part of the Contract Price during an event of Force Majeure; and

b) any delay costs in any way incurred by the Contractor due to an event of Force Majeure. Time extension for such cases will be worked out appropriately.

25 PRICE REDUCTION SCHEDULE (PRS) FOR DELAYS EXECUTION OF CONTRACT:

25.1 If the successful tenderer commits any default or breach of terms and conditions of the Work Order to be placed on them or fail in the due performance thereof within the time fixed by the contract (which is the essence of the contract) and do not complete the entire supplies / work on the stipulated due date, MRPL shall be entitled to recover from the successful tenderer by way of compensation or Price Reduction schedule an amount calculated at the rate ½% value of the contract price subject to a maximum of 5 % of value of the contract for every week or part thereof the delay beyond the stipulated date.

25.2 PRS will be imposed on the cost of contract price of delayed in completing the work within the scheduled time, except however, where, in the judgment of MRPL the executed partial job/work quantity does not fulfil the operating need, PRS will be imposed on full value of the Work Order.

25.3 The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered by the Owner on account of delay on the part of the Contractor and the said amount will be adjusted for the amount payable to the Contractor, without there being any proof of the actual loss or damages having been caused by such delay/breach. The Owner shall be at liberty to adjust or deduct the said amount from any amount due to the Contractor including Security Deposit.

25.4 Non Acceptance of PRS: If the technically and commercially acceptable bidders are 3 or more, offers of other bidders, if any, who are taking deviation in commercial terms, shall be rejected though they are technically acceptable. However, if this tender result in less than 3 technically and commercially acceptable offer, then the offers of those bidders who are technically acceptable, but have taken deviation only in PRS clause, shall be considered after suitable loading for evaluation purpose as detailed below; 5% of the quoted basic price shall be added to the landed cost for evaluation purpose.

26 PENALTY CLAUSES:

26.1 Subject to non–compliance to any terms and conditions of the contract, the Engineer-in-Charge may instruct the Contractor through written communication (by way of mail/ letter or SMS) to suspend all/any ongoing activity(ies) at work site. The Contractor shall immediately stop the ongoing work till further clearance from the Engineer-in-Charge to restart the work is obtained. Time lost in the



process shall be attributable to the Contractor and shall not be entertained for request for time extension.

26.2 Penalty, subject to violation of terms attributable to the Contractor, shall be levied in RA bills of the Contractor on failure to comply with terms and conditions of the contract.

27 SUB-LEASING/OPERATION OF CONTRACT:

27.1 The successful tenderer shall not be allowed to sublet or assign the benefits of the Purchase/Work order placed on them by MRPL to any other party without prior written consent of the MRPL.

28 SUSPENSION OF WORKS :

28.1 Subject to the provisions of this contract, the contractor shall, if ordered in writing by the Engineer-In-Charge, or his representative, temporarily suspend the works or any part thereof for such written order, proceed with the work therein ordered to be suspended until, he shall have received a written order to proceed therewith. The contractor shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the works aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of the works as aforesaid will be granted to the contractor should he apply for the same provided that the suspension was not consequent to any default or failure on the part of the contractor.

28.2 In case of suspensions of entire work, ordered in writing by Engineer-In-Charge, for a period of more than two months, the contractor shall have the option to terminate the contract.

29 CANCELLATION :

29.1 MRPL reserves the right to cancel the Order or any part thereof and shall be entitled to rescind the contract wholly or in a written notice to the vendor at any time if:

The successful tenderer shall commit a breach of any of the conditions stipulated contract and fail to remedy such breach within four days of the receipt of the written notice from MRPL in this regard.

Upon

i. The death or adjudication as insolvent of the successful tenderer, if he/she be an individual.

ii. The liquidation, whether voluntary or passing of the effective resolution for winding up of the successful tenderer if it be a company.

29.2 If any successful tenderer or any partner in the firm of the successful tenderer shall be convicted of any criminal offence.

29.3 If a receiver is appointed of any property or assets of the successful tenderer.

29.4 If the work/ services are no more required by MRPL.

29.5 If the license issued to the successful tenderer by the relevant authorities for modification filling and storage of bitumen supplied by MRPL is cancelled or revoked.

29.6 If the successful tender deliberately contaminates or tempers with quality or product supplied by MRPL.

29.7 MRPL will be at liberty to short close the contract work order without assigning any reason whatsoever by giving a notice of 15 days.

29.8 Specified delivery schedule/ completion period is not adhered to beyond 3 months from due date unless specifically agreed by MRPL.

29.9 Laid down specifications are not adhered to or when the performance of the contract is unsatisfactory.

29.10 Major contractual terms and conditions are violated insolvency of the supplier.

29.11 The MRPL right to cancel the contract under the terms, aforesaid shall be without prejudice to any of its other rights and remedies against the successful tenderer In the event of MRPL cancelling the contract, it shall not be liable to pay for any loss or compensation in respect of such cancellation

30 TERMINATION : MRPL Tender No. 3300007070 35 of 147 ________________



30.1 The OWNER shall be entitled to terminate the Contract by written notice at any time during or after the occurrence of any one or more of the following events or contingencies, namely:

i) Failure to start the work within 10 (ten) days of handing over the job site to the CONTRACTOR.

ii) Failure to provide at each job site sufficient labour, material, equipment, machinery, temporary work and/or facilities required for the proper and/or due execution of the work or any part thereof;

iii) Failure to execute the works or any of item in accordance with the Contract;

iv) Disobedience of any order or instruction of the Engineer-in-Charge and/or Site Engineer;

v) Negligence in carrying out the works or carrying out of work found to be unsatisfactory by the Engineer-in-Charge;

vi) Abandonment of the works or any part thereof;

vii) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or more without due authority from the OWNER or Engineer-in-Charge.

viii) Commission, permission or sufferance of any other breach of any of the terms, conditions or provisions of the Contract on the part of the CONTRACTOR to be paid, performed and/or observed;

ix) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the CONTRACTOR of Acceptance of Tender;

x) If the CONTRACTOR is incapable of carrying out the work.

xi) If the CONTRACTOR misconducts himself in any manner.

xii) Dissolution of the CONTRACTOR (if a firm) or commencement of liquidation or winding up (whether voluntary or compulsory) of the CONTRACTOR (if a company) or appointment of a receiver or manager of any of the CONTRACTOR’s assets and/or insolvency of the CONTRACTOR (if a sole proprietorship) or any Partner of the CONTRACTOR (if a firm);

xiii) Distress, execution, or other legal process being levied on or upon any of the CONTRACTOR’s goods and/or assets.

xiv) Death of a CONTRACTOR (if an individual).

xv) If upon any change in the Partnership/constitution of a CONTRACTOR’s organization (if a Partnership), the OWNER shall refuse to continue the contract with the re-constituted firm.

xvi) If the CONTRACTOR or any person employed by him shall make or offer for any purpose connected with the Contract any gift, gratuity, royalty, commission, gratification or other inducement (whether money or in any other form) to any employee or agent of the OWNER.

30.2 TERMINATION FOR CONVENIENCE:

Notwithstanding anything contained in the Contract, the Employer may, by 30 (Thirty) days written notice, terminate the Contract in whole or in part. In addition to the payment mentioned at clause 30.3, the Service Provider shall be compensated for de-mobilization and other costs incurred at mutually negotiated terms. In case of such termination, the obligation of the Employer to pay, shall be limited to the extent of work/job completed by the Service Provider as per provision of the Contract upto the date of termination, subject to the Service Provider complying with other terms of the Contract. Notwithstanding the termination of the Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.

30.3 AMOUNT PAYABLE IN CASE OF TERMINATION: In all cases of termination herein set forth, the obligation of the Employer to pay, shall be limited to the extent of service rendered by Service Provider as per provision of the Contract upto the date of termination, subject to the Service Provider complying with other terms of the Contract. Notwithstanding the termination of the Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.

MRPL Tender No. 3300007070 36 of 147 ________________



31 INSPECTION / OPERATION CONTRACT:

31.1 MRPL shall have free access to visit the bidder’s premises/work area where the job/services are taking place and or inspect the same. The successful tenderer will be responsible for quality of all the services/job at all times under valid permits/as authorised by Engineer In-charge.

32 MAKE OF EQUIPMENTS/COMPONENTS :

32.1 Bidders shall procure and supply the items covered in their scope from the approved vendors. Wherever an item is specified or described by a particular brand name, manufacturer or vendor, the specific item mentioned shall be for establishing type, function and quality desired. Other manufacturer's products will be considered, provided sufficient information are furnished to the Employer to assess the products proposed as equivalent and acceptable. Contractor shall take prior approval from Engineer-in-Charge for procuring such items which are not covered under approved vendor list.

33 QUALITY ASSURANCE SYSTEM ( As applicable) :

33.1 The Contractor shall include in his offer the Quality Assurance Programme containing the overall quality management and procedures which is required to be adhered to during the execution of contract. After the award of the contract, detailed quality assurance programme to be followed for the execution of contract under various divisions of works will be mutually discussed and agreed to.

33.2 The Contractor shall establish document and maintain an effective quality assurance system as outlined in recognised codes.

33.3 Quality Assurance System plans/procedures of the Contractor shall be furnished in the form of a QA manual. This document should cover details of the personnel responsible for the quality assurance. , plans or procedures to be followed for quality control in respect of Design, Engineering, Procurement, Supply, Installation, Testing and Commissioning. The quality assurance system should indicate organizational approach for quality control and quality assurance of the construction activities at all stages of work at site as well as at manufacturer’s works and despatch of materials.

33.4 The Owner/or their representative shall reserve the right to inspect/witness review any or all stages of work at shop/site as deemed necessary for quality assurance.

33.5 The Contractor has to ensure the deployment of quality Assurance and Quality control Engineer(S) depending upon the quantum of work. This QA/QC group shall be fully responsible to carryout the work as per standards and all code requirements. In case Engineer-in-Charge feels that contractor’s QA/QC Engineer(S) are incompetent or insufficient contractor has to deploy other experienced Engineer(s) as per site requirement and to the full satisfaction of Engineer-In-Charge.

33.6 In case contractor fails to follow the instructions of Engineer-in-charge with respect to above clauses, next payment due to him shall not be released unless and until he complies with the instructions to the full satisfaction of Engineer-in-charge

34 TEST AND INSPECTION OF WORKS :

34.1 The Contractor shall carry out the various tests as per direction of Engineer-in-Charge either on field or outside/laboratories concerning the execution of work and supply of the material by contractor. All the expenses shall be borne by the contractor and shall be considered as included in the rates quoted.

34.2 The inspection shall be done by the following agencies:

(a) Representative deputed by Engineer-in-charge

(b) Representative deputed by Statutory Authority

34.3 Contractor shall give prior notice sufficiently ahead of time to the Engineer-in-charge and also to the authorities to conduct inspection/to witness such test.

34.4 The work is subject to inspection at all times by the Engineer-in-Charge. The Contractor shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications of this tender, the technical documents and the relevant codes of practice furnished to him during the performance of the work.



34.5 The Contractor shall provide for purpose of inspection access ladders, lighting equipment for testing and necessary instruments etc. at his own cost including Low Voltage Lighting equipments for tray fixing and inspection work.

34.6 Compressed air for carrying out works shall be arranged by the contractor at his own cost. Any work not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the Contractor shall carryout the rectifications at his own cost.

34.7 All results of inspection and tests will be recorded in the inspection reports, proforma of which will be approved by the Engineer-in-Charge. These reports shall form part of the completion documents.

34.8 For materials supplied by Owner, contractor shall carryout the tests, if required by the Engineer-in-charge and the cost of such tests shall be reimbursed by the Owner at actuals to the Contractor or production of documentary evidence.

34.9 Inspection and acceptance of the work by the Engineer-in-charge shall not relieve the contractor from any of his responsibilities under this contract.

35 DEFECT LIABILITY (If Applicable) :

35.1 PBG for 10% of the Contract value/Executed value for the defect liability period (Pl refer SCC) shall be submitted. This shall be after completion of the contracted work/from the date of Issue of Completion Certificate. SD shall be released after successful completion of the contract subject to submission of PBG for 10% of the Contract value/Executed value for the defect liability period.

35.2 The CONTRACTOR shall guarantee the installation/WORK for a period of 12 months from the date of completion of WORK (or as specified in the SCC/Scope of work) as certified by the ENGINEER-IN-CHARGE which is indicated in the Completion Certificate. Any damage or defect that may arise or lie undiscovered at the time of issue of Completion Certificate, connected in any way with the equipment or materials supplied by him or in the workmanship, shall be rectified or replaced by the CONTRACTOR at his own expense as deemed necessary by the ENGINEER-IN-CHARGE or in default, the ENGINEER- IN-CHARGE may carry out such works by other work and deduct actual cost incurred towards labour, supervision and materials consumables or otherwise plus 100% towards overheads (of which the certificate of ENGINEER-IN-CHARGE shall be final) from any sums that may then be or at any time thereafter, become due to the CONTRACTOR or from his Contract Performance Security, or the proceeds of sale thereof or a sufficient part on thereof.

35.3 If the CONTRACTOR feels that any variation in WORK or in quality of materials or proportions would be beneficial or necessary to fulfil the guarantees called for, he shall bring this to the notice of the ENGINEER- IN-CHARGE in writing. If during the period of liability any portion of the WORK/equipment, is found defective and is rectified/ replaced, the period of liability for such equipment/ portion of WORK shall be operative from the date such rectification/ replacement are carried out and Contract Performance Guarantee shall be furnished separately for the extended period of liability for that portion of WORK/ equipment only. Notwithstanding the above provisions the supplier's, guarantees/warrantees for the replaced equipment shall also be passed on to the EMPLOYER.

36 LIMITATION OF LIABILITY :

36.1 The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price, except that this Clause shall not limit the liability of the Contractor for following: (a) In the event of breach of any Applicable Law;

(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the Contractor or any person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances; or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

(e) For any damage to any third party, including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works.



36.2 Neither Party shall be liable to the other Party for any kind of indirect nor consequential loss or damage like, loss of use, loss of profit, loss of production or business interruption which is connected with any claim arising under the Contract.

37 RISK PURCHASE CLAUSE :

In the event of Contractor not accepting/not meeting the indent/order/contract placed by the Owner with in the stipulated time, then Owner would be free to use the services of any others and recover the difference in such services and additional expenses incurred by the Owner from the Contractor.

38 COPY RIGHT /TRADE MARK OF MRPL RELATED DISCIPLINE:

38.1 The successful tenderer shall not infringe, copy, imitate or otherwise deal with brand name, trade or merchandise marks or devices of design or copyright belonging to MRPL entitled to use or otherwise alter, deface or interface with the same or pass of other goods or describe others goods as the same as that of MRPL or having been manufactured of MRPL of otherwise prejudice alter or affect the copyright, trade or merchandise marks or certified packing or design or colour of the company's labels or specification or the price or weight or other codification that is marked on the packing or caused to be given by MRPL, it is expressly agreed that all trade marks, design and copyright shall vest in MRPL, and nothing contained in this offer shall have the effect of creating any right, title or interest in respect of the successful tenderer.

39 ROYALTY :

39.1 All royalties etc., as may be required for any Borrow Areas including right of way et. to be arranged by Contractor shall be deemed to have been included in the quoted prices.

39.2 Contractor’s quoted rate should include the royalty on different applicable items as per the prevailing State Government rtes. In case, owner is able to obtain the exemption of Royalty from the State Government, the Contractor shall pass on the same to owner for all the items involving Royalty. Any increase in prevailing rate of Royalty shall be borne by the Contractor at no extra cost to the Owner. The contractor should indicate the rate of Royalty considered in their offer.

40 BUSINESS SECRET/MARKETING DISCIPLINE :

40.1 It is hereby specifically agreed by the successful tenderer that this clause shall be deemed to be a condition going to the root of this offer, that the successful tenderer shall not at any time during the subsistence of this contract or any time after its termination, call itself or hold out itself, advertise in any manner whatsoever by publication or otherwise, by printing, in writing or by any visual representation, either in it's letter heads or news paper or magazines or leaflets, or by broadcasts over radio or by television or by any other media communication or In any manner whatsoever other than the appropriate Government Authorities to the extent necessary unless so permitted in writing by MRPL.

40.2 The successful tenderer hereby agrees and undertakes not to disclose to any party whatsoever any formulate blend order, specifications, trade secrets, marketing projection or intelligence or any other data or information and shall keep absolute secrecy in all matters pertaining to this offer, all correspondence relating thereto, all instructions given or anything having any relevance with the offer on any matter touching or arising out of this arrangement including the Books, Accounts, papers and correspondence and shall keep strictest secrecy and confidence thereto to any person whomsoever other than appropriate Government Authorities to the extent necessary, unless directed to do so by MRPL in writing.

41 SEVERABILITY :

Should any provision of this agreement be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provisions hereto and they shall remain binding on the parties hereto.

SECTION - V

42 PAYMENT TERMS :



(Payment terms mentioned in the Special Conditions of Contract / Scope of Work documents supercedes the Payment term mentioned in General Conditions of Contract).

42.1 Unless otherwise specified, 100% Payment will be made for the actual work done / supply of materials/Job/services performed and bills duly certified by Engineer In-charge (subject to submission of SD, if applicable). Such payment will be made within 15 days of submission of bills.

42.2 Retention money, if specified, will be withheld before releasing all payments i.e either monthly or progressive/ stage-wise payments.

42.3 Bills can be submitted after completion of work/ once on monthly basis against progressive work completion/as per milestones specified as per Tender.

42.4 PAYMENT MODE :

All payments shall be through electronic mode (RTGS/NEFT). Therefore, vendors are requested to furnish the information as per attached format on issue of order to successful bidder. Any change in the particulars shall be immediately informed to MRPL.

43 ADVANCE PAYMENT/MOBILISATION ADVANCE :

43.1 MRPL do not entertain Advance payment to the successful bidder.

43.2 In case, mobilization advance is insisted by any bidder, the same shall be decided on need basis only with Interest bearing. Such Advance will be made only after submission of bank guarantee for 110 % of advance amount.

43.3 The bank guarantee shall be submitted strictly as per the BG format enclosed with this tender document. No changes in Format will be allowed.

43.4 The advance payment will be released only after receipt of confirmation of BG directly from the BG Issuing bank. Such confirmation is accepted in the form of E-Mail from Bank directly, Direct Fax message, are through mails(Register/speed post/courier etc).

43.5 Interest charges shall be payable on the advance amount paid @ SBI lending rate prevailing at the time of release of payment plus 2 %.

43.6 Interest bearing advance payment shall be released in 2 or more installments/Stages as mutually agreed, based on progress of the work/Mobilization. The next/subsequent installment of such Advance shall be released only after submission of utilization certificate for the previous Advance installment made to the party.

43.7 Part BG’s based on advance installments are also allowed.

43.8 The advance payment is recoverable proportionately from the progressive bills duly certified by the Engineer in Charge. Full Advance will be recovered against payments due on Mechanical completion of the work/completion of supply as applicable. Such recovery shall be time based, but not essentially linked with progress of work.

43.9 Interest free advance payment is not allowed for any cases.

SECTION - VI

44 ARBITRATION & CONCILIATION:

Parties hereby agree as under:

If any difference or dispute (hereinafter referred as “Dispute”) under the Contract arises, the party shall give a 60 days written notice ("Dispute Notice ") to the identified officer of the other party mentioned in the Contract giving details of the Dispute. The Parties shall use all reasonable endeavours to resolve the Dispute mutually and amicably. All efforts by either party within these 60 days Dispute Notice Period shall be kept confidential by both the parties under Section 75 of the Arbitration and Conciliation Act, 1996. Parties shall not rely upon any views expressed or suggestions made by the other party, admissions made by the other party or the fact that the other party had indicated his willingness to enter into a settlement as evidence in any Forum / arbitration / court proceeding.



If Parties are unable to resolve the Dispute amicably within 60 days of receipt of the Dispute Notice, then after expiry of the 60 days’ Dispute notice period, the aggrieved Party can refer the Dispute to conciliation and / or arbitration subject to terms and conditions contained herein below:

1) Parties further agree that following matters shall not be referred to Conciliation or Arbitration:

i) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision to initiate any proceedings for suspension or banning, or decision to suspend or to ban business dealings with the Bidder / Contractor and/or with any other person involved or connected or dealing with bid / contract / bidder / contractor.

ii) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision under the provisions of Integrity Pact executed between MRPL and the Bidder / Contractor.

2) Part-I :Conciliation(Not applicable in contracts valuing less than Rs. 10 lakhs)

3) Part-II :Arbitration (Not applicable in contracts valuing less than ` 5 lakhs) If the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided in the contract.

PART - I : CONCILIATION :Resolution of disputes through conciliation by OEC (Not applicable in Contracts valuing less than Rs.10 lakhs):

If any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties are unable to settle mutually, the same may first be referred to conciliation through Outside Expert Committee (“OEC”) to be constituted by MD, MRPL as provided hereunder:

Submission of proposal for OEC

1. Conciliation through OEC will be resorted in all cases involving disputed amount upto` 250 crores only. The disputed amount will be calculated by considering the amount of claim and counter-claim of the parties.

2. Claimant shall give a 30 days notice for conciliation. In cases where the contractor is claimant then the notice shall be given to the concerned MRPL office as per the contract, clearly bringing out the points of dispute and the amount claimed with documents in support of the claim and the party concerned shall not raise any new issue thereafter.

Constitution of OEC

3. MD, MRPL will have the sole discretion to constitute OEC. OEC will be formed from the panel of experts maintained by MRPL and will normally comprise of three members, one member from each category i.e., Technical, Finance, Commercial and Legal. However, there will be a single member OEC for disputes involving a claim and counter claim (if any) upto` 1 crore.

4. MD, MRPL will have authority to reconstitute an OEC to fill any vacancy or if any OEC member is not available to attend the OEC Meetings.

5. Upon constitution of the OEC, Head-Legal will issue the appointment letters to OEC members and inform same to the parties concerned.

6. The OEC members shall give a declaration of independence and impartiality (in the format at Annexure A1 ) to both the parties before the commencement of the OEC proceedings.

Proceedings before OEC

7. The claimant shall submit its statement of claims to OEC members, and to the party(s) prescribed in the appointment letter within 30 days of the issue of the appointment letter. The claims shall be raised as per the format at Annexure A2 .



8. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of the statement of claims. (As per aforesaid format at Annexure A2 ).

9. Parties may file their rejoinder/additional documents, if any in support of their claim/counter claim within next 15 days. No documents shall be allowed thereafter.

10. OEC will commence its meetings only after completion of the pleadings.

11. In case of 3 members OEC, 2 members will constitute a valid quorum and the meeting can take place to proceed in the matter after seeking consent from the member who is not available. If necessary video conferencing may be arranged. However, OEC Recommendations will be signed by all Members. Further, efforts must be made for unanimous recommendations.

12. The parties shall be represented by their in-house employees/executives. No party shall be allowed to bring any advocate or outside consultant/advisor/agent to contest on their behalf. Ex-officers of MRPL who have handled the dispute matter in any capacity are not allowed to attend and present the case before OEC on behalf of Contractor. However, ex-employees of parties may represent their respective organizations.

13. Solicitation or any attempt to bring influence of any kind on either OEC Members or MRPL is completely prohibited in conciliation proceedings and MRPL reserves the absolute right to close the conciliation proceedings at its sole discretion if it apprehends any kind of such attempt made by the Contractor or its representatives.

14. Parties agree to rely only upon documentary evidence in support of their claims and not to bring any oral evidence in the OEC proceedings.

15. OEC will give full opportunity of hearing to the parties before giving its recommendations.

16. OEC will conclude its proceedings in maximum 10 meetings, and give its recommendations within 90 days of its first meeting. OEC will give its recommendations to both the parties recommending possible terms of settlement MD, MRPL may extend the time/ number of meetings, in exceptional cases, if OEC requests for the same with sufficient reasons.

17. OEC members will be paid fees (plus applicable tax) and provided facilities as detailed in clause 29 below, subject to revision by MRPL from time to time and subject to Government guidelines on austerity measures, if any. All the expenditure incurred in the OEC proceedings shall be shared by the parties in equal proportion. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the OEC proceedings.

18. Depending upon the location of the OEC members and the parties, the venue of the OEC meeting shall be either Delhi /Mangaluru / Bengaluru or any other locationwhichever is most economical from the point of view of travel and stay etc.

19. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of OEC recommendations and 30 days thereafter in any further proceeding.

20. Legally, parties are under no obligation to refer a dispute to conciliation or continue with conciliation proceedings. Parties are free to terminate the conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act, 1996 and subsequent amendments or re-enactment thereof.

Actions after OEC Recommendations

21. The recommendations of OEC are non-binding and the parties may decide to accept or not to accept the same. Parties are at liberty to accept the OEC recommendation with any modification they may deem fit.

22. The contractor shall give its response to MRPL within 7 days of receiving OEC Recommendation.

23. If the recommendations are acceptable to the contractor partly or fully, MRPL will consider and take a decision on OEC recommendations. MRPL shall communicate its decision to the contractor. If



decision of MRPL is acceptable to the contractor, a settlement agreement under Section 73 of the Arbitration and Conciliation Act, 1996 will be signed within 15 days of contractor’s acceptance and same shall be authenticated by all the OEC Members.

24. The timelines mentioned in the above guidelines are with an objective to achieve expeditious conclusion of OEC proceedings. However, it does not mean that any action beyond the timelines will be invalid. However, the party concerned will make all efforts to complete the actions within the stipulated time.

25. Parties shall keep confidential matters relating to the conciliation proceedings including minutes of OEC meeting and Recommendations of OEC. Parties shall not rely upon them as evidence in any Forum/arbitration/court proceeding, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings,

a. Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute.

b. Admissions made by the other party in the course of the OEC proceedings;

c. Proposals made by the OEC;

d. The fact that the other party had indicated his willingness to accept a proposal for settlement made by the OEC.

26. Confidentiality extends also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement. This stipulation will not apply to disclosure made by MRPL to Govt. of India, if required.

27. Subject to terms and conditions contained in the above paras, the provisions of the Part III of Arbitration and Conciliation Act, 1996 shall be acceptable to the conciliation proceedings and the parties and the OEC members shall be bound by the same.

28. If the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided in the contract.

29. Fees and Facility to the OEC Members :

OEC members shall be entitled for the following fees plus applicable taxes per member and facilities :

Sl. No

Fees/Facility Entitlement To be paid by

1. Fees Rs 20,000/- per meeting subject to maximum of Rs. 2,00,000/-* for the whole case. In addition, one OEC member chosen by OEC shall be paid an additional amount of Rs 10,000/- towards secretarial expenses in writing minutes/ OEC Recommendations.

Contractor

2. Fee for attending meeting/s to authenticate the settlement agreement.

Rs 10,000/- Contractor

3. Transportation in the city of meeting

Car as per entitlement or Rs 2,000/- per day

Contractor

4. Venue of the meeting MRPL conference rooms/Hotels MRPL

Facilities to be provided to the out-stationed member MRPL Tender No. 3300007070 43 of 147 ________________



5. Travel from the city of residence to the city of meeting

Business class air tickets/first class train tickets/ car/ reimbursement of actual fare. However, entitlement of air travel by Business class shall be subject to austerity measures, if any, ordered by Govt. of India.

Contractor

6. Transport to and fro airport / railway station in the city of residence

Car as per entitlement or Rs3,000/- Contractor

7. Stay for out stationed members

5 Star Hotel MRPL

8. Transport in the city of meeting

Car as per entitlement or Rs 2,000/- per day

Contractor

* except in exceptional cases, where the no. of meetings may extend beyond 10.

PART – II :ARBITRATION (Applicable in case of supply orders/Contracts with firms, other than Public Sector Enterprises) ( Not applicable in contracts valuing less than ` 5 lakhs)

Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties are unable to settle mutually or through conciliation, the same shall be referred to Arbitration as provided hereunder:

1. There shall be no arbitration for disputes involving claims upto` 25 lakhs and more than ` 100 crores. The disputed amount will be calculated by considering the amount of claim and counter-claim of the parties. Unresolved disputes involving claims above ` 100 crores shall be adjudicated under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

2. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days’ notice to the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal.

3. Arbitration can be invoked by giving Invocation Notice only after expiry of the 60 days’ period as per Dispute Notice.

4. For a dispute involving claims above ` 25 lacs and upto` 5 crores, in case other party is Claimant, MRPL will forward a list containing names of five jurists to the other party for selecting one from the list who will be appointed as sole arbitrator by MRPL. In case MRPL itself is the Claimant, it shall appoint the Sole Arbitrator by invoking the Arbitration clause and inform the Contractor. Such dispute shall be resolved on fast track procedure specified in Section 29B of the Arbitration and Conciliation Act, 1996.

5. For a dispute involving claims above ` 5 crores and upto` 100 crore, the claimant shall appoint an Arbitrator and communicate the same to the other Party in the Invocation Notice itself along with the copy of disclosure made by nominated Arbitrator in the form specified in Sixth Schedule of the Arbitration & Conciliation Act, 1996. For the purpose of Section 21, the Arbitration Proceeding shall commence only upon date of receipt of Invocation Notice complete in all respects mentioned above. The other Party shall then appoint the second Arbitrator within 15 days from the date of receipt of written notice. The two Arbitrators appointed by the Parties shall appoint the third Arbitrator, within 30 days, who shall be the Presiding Arbitrator. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.



6. For the purpose of appointment of Arbitrator(s), claims amount shall be computed excluding claim for interest, if any.

7. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.

8. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of MRPL and/or is a retired officer of MRPL / any PSU. However, neither party shall appoint its serving employee as arbitrator and shall have been retired before 3 years on the date of commencement of the Arbitration.

9. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.

10. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims, i.e. date of cause of action till date of Award by Arbitral Tribunal. Parties agree that claim for any such interest shall not be considered and shall be void. The Arbitrator / Tribunal shall have no right to award pre-reference or pendente-lite interest in the matter.

11. The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Claims (excluding interest)

Period for making and publishing of the award (counted from the date of first meeting of the arbitrators):

Upto Rs. 5 Crore Within 8 months

Above Rs. 5 Crore Within 12 months

The above time limit can be extended by the arbitrator, for reasons to be recorded in writing, with the consent of the parties.

12. The fees payable to each Arbitrator shall be as per rules framed by the High Court in whose territorial jurisdiction as per contract and seat of arbitration is situated. In case no rules have been framed, the fees prescribed may be as per Fourth Schedule of the Arbitration and Conciliation Act, 1996. However, Arbitrator may fix their fees keeping the aforesaid schedule as guiding factor.

13. The parties may, after invocation of dispute, agree for sharing the cost of Arbitration equally on 50:50 basis.

14. If after commencement of the Arbitration proceedings, the parties agree to settle the dispute mutually or refer the dispute to conciliation, the arbitrators shall put the proceedings in abeyance until such period as requested by the parties. Where the proceedings are put in abeyance or terminated on account of mutual settlement of dispute by the parties, the fees payable to the arbitrators shall be determined as under:

(i) 20 % of the fees if the claimant has not submitted statement of claim.

(ii) 40 % of the fees if the pleadings are complete.

(iii) 60% of the fees if the hearing has commenced.

(iv)80% of the fees if the hearing is concluded but the award is yet to be passed

15. Each party shall pay its share of arbitrator's fees in stages as under:

(i) 20% of the fees on filing of reply to the statement of claims.

(ii) 40% of the fees on completion of pleadings.

(iii) 20% of the fees on conclusion of the final hearing.

(iv)20% at the time when award is given to the parties.

16. Each party shall be responsible to make arrangements for the travel and stay etc of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel / stay



arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties. In case of sole arbitrator, MRPL shall make all necessary arrangements for his travel stay and the expenses incurred shall be shared equally by the parties.

17. The Arbitration shall be held at the place from where the contract has been awarded. However, parties to the contract can agree for a different place for the convenience of all concerned.

18. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the parties.

19. Subject to aforesaid, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof shall apply to the arbitration proceedings under this clause.

20. Insofar as practicable, the Parties shall continue to implement the terms of the Contract notwithstanding the initiation of Arbitration proceedings.

Arbitration Clause applicable in case of Purchase Orders/ Contracts on Public Sector Enterprises

Ref: No.4 (1) /2011-DPE (PMA)-GL, Government of India, Department of Public Enterprises. Dated 12th June 2013

In the event of any dispute or difference relating to, arising from or connected with the CONTRACT, such dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the Department of Public Enterprises, to be nominated by the Secretary to the Government of India, In charge of the Bureau of Public Enterprises.

The Arbitration and Conciliation Act 1996 shall not be applicable to the Arbitration under this clause.

The award of the Arbitrator shall be binding upon the parties to the dispute, provided however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Deptt. of Legal Affairs, Ministry of Law and Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, whose decision shall bind the parties finally and conclusively.

The parties in the dispute will share equally the cost of the arbitration as intimated by the Arbitrator.

Arbitrations with respect to Contracts between CPSEs & Government Departments/Organizations: In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between CPSEs / Port Trusts inter se and also between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs and Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No 4(1)/2013-DPE (GM) fts-1835 DATED 22-05-2018.

Any amendment(s) made to the above shall be applicable as per Govt policies/guidelines issued from time to time.

Annexure A1

Declaration of independence and impartiality by OEC Member

To,

1. MRPL …………………

2. Contractor…………………….

Subject: Declaration of independence and impartiality by OEC Member in the dispute between MRPL ………..And………………….under Contract No…………………………..

I, the undersigned, hereby accept to act as Member of the Expert Committee and conciliate in the disputes under reference between the parties above named.



I confirm that I am aware of the requirements of law particularly of the Arbitration and Conciliation Act, 1996, to act as a conciliator. I am able to act as conciliator and I am available to act as Member of the Expert Committee.

I hereby declare that I am independent of each of the parties and have no ownership interest in any part of the contract under reference or any financial interest in the said contract. I have no interest in the outcome of the dispute or its settlement.

I hereby affirm that I shall act with honesty, integrity, diligence, and will remain independent and impartial while discharging my duties as conciliator/OEC Member. I will disclose any interest or relationship with the parties or the subject matter which might compromise in any manner my ability or capacity to remain impartial and independent in the matter.

The fees and other facilities offered to me and the terms and conditions contained in the appoint letter and guidelines issued by MRPL are acceptable to me. I will not demand for enhancement of the same.

(Signature)

Name:

Address:

Phone:

Email:

Date:

Annexure - A2

STATEMENT OF CLAIM(S)/COUNTERCLAIM(S)

1. Chronology of the dispute

2. Brief of the contract

3. Brief history of the dispute:

4. Issues:

5. Details of claim(s)/Counter Claim(s):

Sl. No.

Description of claim(s)/Counter Claim

Amount (in INR/USD)

Relevant contract Clause

6. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract)

Statement of claims may kindly be restricted to maximum limit of 20 pages. Relevant documents may be compiled and submitted along with the statement of claims. The statement of claims is to be submitted to all OEC members, to other party and to the office of Head Legal Services-MRPL, by post as well as mail.



Authorized Signatory of the Claimant

Place : Contact No. :

Date : Email :

45 JURISDICTION:

45.1 Contract / Purchase Order, including all matters connected with this Contract / Purchase Order shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at Mangalore.

45.2 Foreign companies, operating in India or entering into Joint ventures in India, shall have to obey the law of the land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way.

SECTION - VII 46 TAXES and DUTIES:

46.1 INDIAN TAXES / DUTIES

46.1.1 Goods and Services Tax (GST)

46.1.2 The quoted price shall be inclusive of all taxes / duties / cess / levies / fees / charges etc. except "Goods and Services Tax" (hereinafter called GST, i.e. IGST or CGST and SGST/UTGST) as levied with respect to vendor/supplier/contractors’ scope of work / scope of supply, till the completion of the work / supply and shall be borne and paid by the Vendor/Supplier/Contractor.

46.1.3 The quoted price shall be deemed to be inclusive of all taxes / duties / cess / levies / fees / charges etc. including GST as applicable and bidder shall only within their quoted price be liable to pay and bear any and all duties, taxes, levies, fees, cesses, charges etc. payable or liable to be payable on any goods, equipment, materials or services imported into India or procured within any local limits for incorporation in the work(s).

46.1.4 Applicable GST as quoted shall not be considered for evaluation to the extent of input Tax credit (as applicable) %, as MRPL will claim Input credit on the same. Balance (as applicable) % of GST shall be considered for evaluation.

46.1.5 Vendor/Supplier/Contractor shall issue tax invoice in accordance with GST laws so that input credit of GST paid can be availed by MRPL. All essential documents such as credit / debit notes for any reason, if any, shall be issued to MRPL as per GST laws. In case Vendor/Supplier/Contractor fails to provide the invoice / other documents in the form and manner prescribed under the GST Act read with GST Rules thereunder, MRPL shall not be liable to make payment of GST against such invoice/documents.

46.1.6 Vendor/Supplier/Contractor shall forthwith upload the appropriate documents / details at GST common portal complying with all GST regulations including but not limited to payment of GST by Vendor/Supplier/Contractor and submit proof of payment of GST. In case of non-receipt of tax invoice or non-payment of GST by the Vendor/Supplier/Contractor, MRPL shall withhold the payment.

46.1.7 GST payable under reverse charge, if any, shall not be paid to the Vendor/Supplier/Contractor if the same has already been reimbursed / paid to the Vendor/Supplier/Contractor for any reason whatsoever, the said amount shall be deducted / recovered / adjusted from payment or any due of the Vendor/Supplier/Contractor.

46.1.8 Notwithstanding anything contained anywhere in the Purchase Order/Work Order, in the event that the input tax credit of the GST charged by the Vendor/Supplier/Contractor is denied by the tax



authorities to MRPL, due to reasons attributable to Vendor/Supplier/Contractor, MRPL shall be entitled to recover such amount from the Vendor/Supplier/Contractor by way of adjustment from the next invoice or from Bank Guarantee or any manner possible. In addition to the amount of GST, MRPL shall also be entitled to recover interest and/or penalty, as the case may be, imposed by the tax authorities on MRPL.

46.1.9 TDS under GST, if applicable, shall be deducted from Vendor/Supplier/Contractors’ bill/Tax Invoice/Debit Note at applicable rate in force under GST law and a certificate as per prescribed Rules under GST laws for tax the deducted shall be provided to the Vendor/Supplier/Contractor.

46.1.10 All the returns and details required to be filed under GST laws & rules shall be timely filed by the bidder with requisite details. The Bidder shall be liable for and shall pay any and all fees, cesses, taxes, duties, charges, levies etc. assessable against the bidder.

46.1.11 In addition, the Bidder shall be liable for payment of all duties, levies, taxes, cesses, charges, fees etc. assessable against the bidder or bidder’s employees or their Sub Vendor/Supplier/Contractor whether corporate or personal or in respect of property.

46.1.12 MRPL reserves the right to suspend / cancel / terminate the contract in the event of frequent / multiple / repeated defaults by the Vendor/Supplier/Contractor in complying with the above requirements as per GST.

46.1.13 Payment to Vendor/Supplier/Contractor shall be net of tax deduction / tax collection at source, if any, applicable as per laws / rules from time to time.

46.1.14 Any errors of interpretation of applicability of all taxes / duties / cess / levies / fees / charges etc. by the Bidder shall be to Bidder’s account and shall be deemed to have been included in the quoted price.

46.2 STATUTORY VARIATIONS OF TAXES/DUTIES:

46.2.1 No variation on account of taxes / duties / cess / levies / fees / charges etc., statutory or otherwise, shall be payable by MRPL to Bidder except for GST. However, any statutory variation for GST shall be payable up to date of completion or approved extended date against documentary evidence.

46.2.2 Any increase in the rates of GST beyond the CDD [contractual delivery date or approved extended date] will be borne by MRPL to the extent of Input Tax Credit available to MRPL and MRPL is in a position to get/avail the Input Tax Credit from the GST authorities.

46.2.3 Any reduction in Taxes / duties / cess / levies / fees / charges etc. shall be passed on to MRPL.

46.2.4 Any variation in GST at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder and shall be deemed to have been included in the quoted price.

46.3 NEW TAXES AND DUTIES:



46.3.1 All new taxes / duties / cess / levies / fees / charges notified after the date of unpriced bid opening / submission of any subsequent price implication / revised prices, but within delivery or completion period / extended delivery or completion period, shall be to MRPL’s account. These shall be reimbursed against documentary evidence. However, in case of delay attributable to Vendor/Supplier/Contractor, any new taxes / duties / cess / levies / fees / charges imposed after contractual time of delivery / completion, shall be to Vendor/Supplier/Contractor account.

46.4 IMPORTS AND CUSTOMS DUTIES:

46.4.1 Import Duties, i.e., Basic Customs Duty, GST &Edu. Cess on imported materials

46.4.2 MRPL shall import all Goods considering Merit rate of custom duty.

46.4.3 Direct imported supplies by Foreign suppliers

46.4.4 For imported materials sold & supplied directly by foreign suppliers to MRPL and consigned to MRPL, Import Duties, i.e., Basic Customs Duty, Custom Cess, GST, applicable in India shall be directly paid by MRPL to tax authority.

46.4.5 The vendor must ascertain and confirm along with supporting documents in the bid, if any Customs Duty exemption / waiver is applicable to the products being supplied by him under any multi-lateral / bi-lateral trade agreement between India and bidder’s country.

46.4.6 The bidder shall be liable to provide all documentation to ensure availment of the exemption / waiver.

In case the bidder defaults on this due to any reason, whatsoever, he shall be liable to bear the incremental Customs Duty applicable, if any.

46.4.7 Any Customs Duty applicability on account of any change in the bi-lateral / multi-lateral agreement shall be to bidder’s account.

46.4.8 Documentation to be furnished for availing the exemption / waiver of customs duty shall be specifically listed in the Letter of Credit also as the pre-requisite for release of payment against shipping documents and this documentation shall necessarily form part of shipping documents.

46.4.9 Any additional levies/duties on Imports (viz. Anti-Dumping Duty, Safeguard Duty, etc.) as notified by Govt of India from time to time shall also be considered for evaluation.

46.5 GENERAL:

46.5.1 In case GST is quoted as not applicable on freight charges, and if they are applicable at the time of delivery due to any reasons other than statutory, the same will be borne by the Vendor/Supplier/Contractor.

46.5.2 The benefit of any Tax exemption, concessions, rebate or any other incentives available when the Vendor/Supplier/Contractor or its Sub Vendor/Supplier/Contractor are performing their obligations under the Purchase Order / Work order, shall be passed on to MRPL.

46.5.3 Recoveries, if any, by MRPL shall be with applicable GST thereon as per GST laws.

46.5.4 Any error of interpretation of applicability of taxes / duties / cess / levies / fees / charges etc. by the Vendor/Supplier/Contractor shall be to Vendor/Supplier/Contractor’s account.

46.5.5 The classification of goods as per GST laws should be correctly done by the Vendor/Supplier/Contractor to ensure that Input Tax Credit benefit is not lost to MRPL on account of any error/omission on the part of the Vendor/Supplier/Contractor.

46.5.6 Bidder to ensure that the benefit of a reduction in the tax rate or the input tax credit availed by any registered taxable person has resulted in commensurate reduction in the price of goods/services supplied by such person. Vendor/Supplier/Contractor agrees unconditionally that any benefit arising either directly or indirectly out of implementation of GST is mandatorily passed on to MRPL. Failure on the part of bidder to ensure the same shall attract the provision of Anti Profiteering as notified by the Govt of India.

46.5.7 Wherever GST is indicated / mentioned in the contract/tender/RFQ, it will include GST Compensation cess levied under The Goods and Services Tax (Compensation to States) Act, 2017.



46.6 LOADING OF TAXES/DUTIES:

46.6.1 Taxes and duties will be loaded as quoted by the bidder. However, if a BIDDER states that taxes/duties are not applicable at present and will be charged as applicable at the time of delivery then his bid shall be loaded by the maximum rate of taxes/duties applicable at the time of evaluation of Bids.

47 CHANGE IN LAW :

47.1 In the event of introduction of any new legislation or any change or amendment or enforcement of

any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in increased cost of the works under the CONTRACT through increased liability of taxes, (other than personnel and Corporate taxes), duties, the CONTRACTOR shall be indemnified for any such increased cost by the MRPL subject to the production of documentary proof to the satisfaction of the MRPL to the extent which directly is attributable to such introduction of new legislation or change or amendment as mentioned above and adjudication by the competent authority & the courts wherever levy of such taxes / duties are disputed by MRPL.

47.2 Similarly, in the event of introduction of new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in any decrease in the cost of the works through reduced liability of taxes, (other than personnel and Corporate taxes) duties, the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or duties to the MRPL, to the extent which is directly attributable to such introduction of new legislation or change or amendment as mentioned above.

47.3 All duties, taxes (except where otherwise expressly provided in the Contract) as may be levied / imposed in consequences of execution of the Works/Services or in relation thereto or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the date of submission of Price Bid or revised price bid, if any, for the this CONTRACT shall be to CONTRACTOR’s account. Any increase / decrease in the net amount of such duties, taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / input) after the date of submission of price bid or revised price bid, if any, but within the contractual completion / mobilization date as stipulated in the CONTRACT will be to the account of MRPL.

47.4 Any increase in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion / mobilization date during the extended period will be to the contractor’s account, where delay in completion /mobilization period is attributable to the CONTRACTOR. However, any decrease in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion / mobilization date will be to MRPL’s account.

47.5 The Contract Price and other prices given in the Schedule of Prices are based on the applicable tariff as indicated by the CONTRACTOR in the Schedule of Prices. In case this information subsequently proves to be wrong, incorrect or misleading, MRPL will have no liability to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally levied / imposed by the concerned authorities. However, in such an event, MRPL will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower side.

47.6 Notwithstanding the provision contained in clause 26.1 to 26.5 above, the MRPL shall not bear any liability in respect of : (i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor / sub-sub

contractors and Agents etc. (ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their sub-contractors,

agents etc. (iii) Other taxes & duties including Customs Duty, Excise Duty and GST in addition to new taxes

etc. in respect of sub-contractors, vendors, agents etc. of the CONTRACTOR.



47.7 In order to ascertain the net impact of the revisions / enactment of various provisions of taxes /

duties, the CONTRACTOR is liable to provide following disclosure to MRPL

(i) Details of each of the input services used in relation to providing service to MRPL including estimated monthly value of input service and GST amount.

(ii) Details of Inputs (material/consumable) used/required for providing service to MRPL including estimated monthly value of input and excise duty/CVD paid/payable on purchase of inputs.

SECTION - VIII

48 MANPOWER EMPLOYED BY TENDERER :

48.1 The successful tenderer shall deploy adequate staff of the requisite competence that may be required for meeting the scope of services/work called for. It is hereby specifically agreed that the responsibility for the employment of staff and their salary, wages remuneration, etc, shall be the sole responsibility of the successful tenderer and that MRPL shall not be responsible in any manner directly or indirectly for such employment or expenses so incurred by successful tenderer thereof. Successful tenderer shall give a declaration to this effect. The Contractor has to comply with all Labour related laws/rules in force w.r.t Minimum wages Act, Factories Act, Labour ACT and all other such regulations/amendments made from time to time and in force and maintain all documents as required by Law enforcing Authorities and produce the same as and when called for.

48.2 It is understood and agreed that there is no Employer- Employee relationship between MRPL and the Contractor AND /or Contractor’s employees in any way whatsoever and the contractor shall be the ‘Employer’ within the meaning of different Labour legislations in respect of workmen employed by the Contractor. The Contractor has to carry on their business or occupation as Independent Contractors and this point shall be made clear in writing to all persons engaged by the Contractor before engagement of the person(s). The Contractor shall issue an Employment card in Form XIV as per Contract Labour Regulation and Abolition Act 1970 OR Photo Identity card to each Worker.

49 MEDICAL :

49.1 In case of Annual Contracts exceeding more than one year, the Contractor should get medical examination of the contract workers done every year either in MRPL Hospital or in ESI Hospital and produce the medical certificate in the prescribed format (Form No.16).

50 LABOUR LAWS :

50.1 The Contractor shall obtain necessary licence from the Licensing Authority under the Contract Labour (Regulation & Abolition) Act, 1970 and the Central Rules framed there under and produce the same to the Engineer-in-charge before start of work.

50.2 The Contractor shall not undertake or execute or permit any other agency or sub-contractor to undertake or execute any work on the contractor’s behalf through contract labour except under and in accordance with the licence issued in that behalf by the Licensing Officer or other authority prescribed under the Factories Act or the Contract labour (Regulation & Abolition) Act- 1970 or their applicable law rule or regulation if applicable.

50.3 The provision of EPF & MP Act. 1952 and the Rules/Scheme thereunder shall be applicable to the Contractor and the employees engaged by him for the work. The Contractor shall furnish the code number allotted by the RPFC Authority, to the Engineer-in-Charge before commencing the work.

50.4 The Contractor shall be exclusively responsible for any delay in commencing the work on account of delay in obtaining a license under clause 6.1 above or in obtaining the code number under Clause 6.3 above and the same shall not constitute a ground for extension of time for any purpose.

50.5 The Contractor shall enforce the provisions of ESI Act and Scheme framed thereunder with regard to all his employees involved in the performance of the Contract and shall deduct employee's



contribution from the wages of each of the employees and shall deposit the same together with employer’s contribution of such total wages payable to the employees in the appropriate account.

51 LABOUR RELATIONS :

51.1 In case of labour unrest/labour dispute arising out of non-implementation of any law, the responsibility shall solely lie with the contractor and he shall remove/resolve the same satisfactorily at his cost and risk.

51.2 The Contractor shall deploy only duly qualified and competent personnel for carrying out the various jobs as assigned by the Engineer-in-Charge from time to time. The workmen deployment by the contractor should also possess the necessary licence etc., if required under any law, rules and regulations.

51.3 The Contractor shall ensure that local labour, skilled and/or unskilled, to the extent available shall be employed in this work. Special preference shall be given to persons and/or dependents of persons whose land has been acquired for the project work. In case of non-availability of suitable labour in any category out of the above persons, labour from outside may employed.

51.4 The Contractor shall not recruit personnel of any category from among those who are already employed by the other agencies working at site but shall make maximum use of local labour available.

51.5 Payment to contract workmen: In case of manpower based Contracts, Contractor shall be responsible to make payment to his workers/ employees in respect of their salaries/ wages through bank cheques/ crediting to bank A/c; the consent of the labour should be obtained before crediting wages to the bank account, the contractor shall pay wages to all his employees on or before 7th of the following month under the supervision of authorised MRPL personnel and a copy of proof of payments to be submitted to MRPL; MRPL may demand such payment of wages under supervision of MRPL, if found necessary. The rates of wages shall be in conformity to the minimum wages act.

52 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK :

52.1 The Contractor's labourers must leave the location of the project site/township after the work is tapered/ completed to avoid creation of a Slum in the areas adjoining the project/township.

53 TEMPORARY WORKS :

53.1 All Temporary and ancillary works including enabling works connected with the work shall be responsibility of the Contractor and the price quoted by them for erection shall be deemed to have included the cost of such works, which shall be removed by the Contractor at his cost, immediately after completion of his work.

54 PROVIDENT FUND :

54.1 The Contractor should strictly comply with the provision of the Employees Provident Fund Act.

a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970

b) P.F. Registration Number allotted to them by RPFC.

c) The agencies should promptly deposit P.F. deduction of the eligible contract employees plus the employers contribution to the RPF. For this purpose agency must submit a certificate in their Bill that PF amount has been deducted from the eligible employees and along with the employers contribution has been deposited with RPFC. In support of this the agency must furnish the challan / receipt for the payment made to RPFC for the earlier months

54.2 If the certificate and the challan / receipt are not furnished, the Finance & Accounts Dept. of Owner reserve the right to deduct 16% of the Running Account bill amount in case of Man power based contract and 5% of the Running Account bill amount in case of Composite / LSTK Orders. Deducted amount will be refunded to the contractor only on submission of Challan / receipt.

MRPL Tender No. 3300007070 53 of 147 ________________



55 OBSERVATION OF FORMALITIES RELATING TO PF, ESI, REGISTRATIONS :

55.1 It should be confirmed by the successful tenderer that his/their organisation is already registered with the Provident Fund Commissioner and the details may please he furnished to us for MRPL'S records and the reference. MRPL will reserve its right to inspect the records pertaining to Provident Fund rules (Annexure V).

55.2 PF / ESI Code: The Tenderer shall indicate his / their PF Code / ESI Number in their tender.

55.3 Income Tax: The Tenderer shall in all cases indicate his income tax Permanent Account Number.(PAN). Income Tax Permanent Account Number will be required as precondition of release of payment.

Note: The bidder will have to bear all Income Tax Liabilities both corporate & personal tax. Income Tax along with surcharge of Income Tax as applicable at the prevailing rate on the gross amount billed shall be deducted from the Contractor's bill as per applicable laws.

56 INSURANCE :

56.1 Owner shall at its own cost and expense take out from a suitable insurance company and maintain the following insurances, which shall be

Erection All risks Insurance (EAR) or Contractor's All Risks Insurance (CAR)

The OWNER at his own cost has taken an “all risk” type insurance policy. These policies apply only to insurance risks at site and to no other location. The CONTRACTOR shall be solely liable in the event of his and/or SUBCONTRACTOR’s having caused any loss or damage of any nature arising out of or in connection with the execution of the WORK not covered under those policies and shall indemnify the OWNER and /or his representative in respect of any claim in respect of any such loss or damage. The CONTRACTOR shall make himself fully familiar with the terms of the said policies and take such additional insurance as he may deem necessary at his own cost.

57 CONTRACTOR FURNISHED INSURANCE: As applicable to the Service

57.1 Insurance Cover for Workmen:

The contractor shall obtain adequate Insurance Policy in respect of his workmen to be engaged for the work compulsorily towards compensations as admissible under the Workmen’s Compensation Act 1923, and Rules framed there under upon death/disablement of a worker and the same has to be produced to the concerned in charge of Administration Section before start of the work.

All workers whose salary is more than Rs 21,000/- per month ( Prevailing rate as per the act) need not to be covered by ESI. However, contractor to take insurance policy to cover the risk towards temporary disablement and permanent disablement for the workmen.

57.2 CONTRACTOR shall at his cost and expense take out from a suitable insurance company acceptable to owner and maintain for the entire period until ACCEPTANCE OF WORKS or until such time thereafter as the CONTRACTOR may consider appropriate the following insurances.

(1) Workmen's Compensation Insurance (WCI)

This insurance shall confirm to and satisfy all the requirements of the applicable laws and regulations of the country, state territory or province having jurisdiction over the CONTRACTOR 's employees engaged in the WORKS.

(2) Employer's Liability Insurance (ELI)

The insurance shall cover the liability of the CONTRACTOR as employer, for compensation beyond the coverage of the Workmen's Compensation Insurance for bodily injury to or loss of life the CONTRACTOR's employees while engaged in the WORKS.

(3) Third Party Liability Insurance (TPL)

This insurance shall cover legal liability for bodily injury to loss of life of and/or damage to and loss of properties of the third person party arising out of the performance by the CONTRACTOR of the works.



(4) Automobile Liability Insurance (ALI)

This insurance shall cover all the CONTRACTOR's liabilities in connection with use by the CONTRACTOR for the WORKS of any mobile equipment and automobile and when used which are owned, non-owned hired and otherwise placed under the CONTRACTOR's administration and control, for bodily injury to loss of life of and/or property damage of any person or party.

(5) Movable All Risks Insurance (MRI)

This insurance shall cover the damage to and/or loss of the CONSTRUCTION EQUIPMENT including watercraft and aircraft and further including the CONTRACTOR's TEMPORARY WORKS, owned, non-owned, hired or otherwise placed under the CONTRACTOR's administration and control with the full replacement value coverage for each and every occurrence.

(6) Other Insurance

Other insurance which shall be necessary or which the CONTRACTOR deems necessary for proper performance of the WORKS e.g.

− Overseas (and/or Domestic) Travellers’ accident Insurance.

− Burglary Insurance

− All Risks marine cargo Insurance for the CONTRACTOR's CONSTRUCTION EQUIPMENT, tools and machinery, and for equipment and materials that the CONTRACTOR's TEMPORARY WORKS and that the CONTRACTOR under the CONTRACT may supply for the WORKS and/or the PERMANENT WORK and

− Fidelity Guarantee Insurance

The CONTRACTOR agree that the provisions of this Clause shall to the extent as appropriate, be apply all the contracts that may for the WORKS be entered into by and between the CONTRACTOR and the respective SUBCONTRACTORs and unless the CONTRACTOR furnished insurance called for by the CONTRACT are good also for the SUBCONTRACTORs their properties and/or their liabilities in connection with the WORKS the CONTRACTOR shall include in such contracts as aforementioned the requirements for insurance conforming to this clause.

Inclusion of such insurance requirements in such contracts as aforementioned however, shall not release the CONTRACTOR from any of his responsibilities and liabilities under the CONTRACT.

58 VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL MANPOWER:

In all contracts involving deployment of contractor's manpower within MRPL premises like Plants and Offices etc. the contractor shall submit the following documents to MRPL prior to start of work:

58.1 Undertaking from the contractor that they have scrutinised the previous work history of the person(s) proposed to be deployed by them and character and antecedents of person(s) proposed to be deployed by them is / are impeccable.

58.2 Along with the above mentioned undertakings, the contractor will provide certified photocopies of police verification certificate for inspection by the authorised representatives of MRPL. The contractor has to obtain Police Verification Report from the area where the person(s) to be deployed has / have been residing since the last five years. In case the person concerned has not resided at a place for five years at a stretch, Police verification reports should be obtained from that area where the person(s) has / have stayed earlier.

58.3 The contractor shall ensure at the time of submitting their final bills to the EIC, that it is accompanied by a NOC from Security Dept., MRPL, for having surrendered all Photo passes and Bio-Metric cards issued by MRPL. If any Pass and Bio-Metric Cards are not surrendered even after the completion of job / contract, the contractors are liable to pay a fine of Rs.200/- for every un-surrendered pass and Rs. 100/- for every Bio-Metric card (These fine amounts are subject to revision by Security Dept., MRPL, from time to time.



59 BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT MANAGEMENT SYSTEM AND MEETING OF STATUTORY REQUIREMENTS IN ENGAGEMENT OF SECONDARY WORK FORCE:

A. Whenever a work order is issued following documents are required to be submitted to HR Department by Contractor duly signed by Engineer In Charge:

I ) Where Labour engaged by the Contractors is less than 19:

1. Copy of the Valid Work Order / LOA Copy. 2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement 3. Register of Workmen in Form No. XIII 4. Copy of the PF code allotted by the Competent Authority. 5. Copy of the ESI code allotted by the Competent Authority. 6. Workmen’s compensation policy. 7. Age proof, Aadhar card number and Bank Account details of the worker.

II ) Where Labour engaged by the Contractors is more than 19:

1. Copy of the Valid Work Order / LOA Copy. 2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement 3. Register of Workmen in Form No. XIII 4. Copy of the PF code allotted by the Competent Authority. 5. Copy of the ESI code allotted by the Competent Authority. 6. Request letter from the contractor for issuance of Form No.V for apply labour license through EIC. 7. Submission of Form No. IV for proof of applying labour license attested by the ALC. 8. Interstate migrant license copy if labour engaged more than five from other states. 9. Workmen’s compensation policy. 10. Age proof, Aadhar card number and Bank Account details of the worker.

III ) Documents required on monthly basis duly certified by Engineer In charge:

1. Wage register duly certified by the Engineer Incharge 2. Attendance Register duly certified by the Engineer Incharge 3. Payment of wages should be disbursed within 7 days from the close of wages period. 4. ESI / PF Challans receipt along with PF-ECR Copy & Monthly contribution details for payment to

Statutory Authorities in respect of the wages paid for the previous month with covering letter. 5. Bank statement for wages paid 6. Insurance copy for those who are not covered under ESI Act. 7. Form No. 5 & 10 and Male and Female data for each month.

B. Documents required on annual basis for release of bank Guarantee / security deposit duly certified by the Engineer Incharge.

1. Work Completion letter by the Contractor in Form 6A/ Notice of completion. 2. Annual medical check-up data. 3. Payment of bonus as per statute. 4. Payment of leave with wages @ 1 days for the every 20 days worked by workers. 5. Payment of gratuity if applicable (on completion of 5 years of continuous service). 6. NOC from Security Dept. On Surrendering of punch card and entry pass issued by MRPL. 7. Register of over time. Form no. XXIII. 8. Wage slip in form no. XIX. 9. Register of damages or loss form no XX. 10. Register of fine. Form no. XXI. 11. Register of advance. Form no. XXII 12. Employment card XIV. 13. Indemnity bond. 14. Half yearly / Yearly labour return in form XXIV(sec rule 82(1) to the licensing officer under contract

labour returns. MRPL Tender No. 3300007070 56 of 147 ________________



15. Half yearly return in form 5A (regulation 26) on ESI contribution. C. PROCEDURE ADOPTED BY HR IN DEALING WITH CONTRACTORS

• Contractor shall submit the documents as specified above with a cover note signed through EIC to

HR department. • On submission of compliance report / recommendations from EIC, HR will give clearance to

Finance for release of payment. • Any deviation from the above procedure and non-production of required documents will result in

delay in issuance of gate pass and payment of monthly bill, final bill and release of retention money / Security Deposit / Bank Guarantee, etc.

• Contractor should also give an indemnity bond to MRPL absolving MRPL of all statutory, Non-statutory clearance by their employees, sub-contractors and supplies.

60.0 DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY CONTRACTOR

The contractor shall pay Minimum as per the following table to the workforce deployed by him under various categories(Unskilled / Semiskilled / Skilled / Highly Skilled) as applicable; Sl no Description Payment basis 1 Basic Wages per day As per Minimum wages act issued from time to time by ALC

2 PF/Admin charges 13 % of Basic Wages & MRPL Special Allowance 3 ESI 3.25 % of Basic Wages, MRPL Special Allowance & Shift allowance

(if applicable). 4 Leave Wages 5 % of Basic Wages (As per ALC) 5 Bonus 8.33 % of min wages or Rs 7000 /- per annum whichever is higher 6 Holiday wages 10 days per year

7 MRPL Special Allowance per day

Unskilled(in Rs)

Semi Skilled (in Rs)

Skilled (in Rs) Highly skilled

(in Rs)

34 50 70 90

Note: Please refer details of the Minimum wages as mentioned in the SCC/Scope of Work (as applicable). The following to be complied:

a. Shift allowance (if applicable) – Shift allowance @ Rs 25 /- per shift to be provided to Secondary work force coming in rotational shift (i.e., morning, evening and night shifts) working in plant area.

b. Annual Medical Check-up for Workforce to be complied by the contractor. c. PF/ESI remittance to be ensured on MRPL Special Allowance. d. Rates of MRPL special allowance shall be Rs 34, Rs 50, Rs 70 & Rs 90 for Unskilled, Semi-Skilled,

Skilled & Highly Skilled Category respectively. e. Gratuity to be paid as per the statutory norms based on the government directives. f. Number of closed Holidays shall be 10 days per year. g. Extended working hours shall be compensated suitably as per statutory provisions. h. Group term life Insurance cover to be taken having a risk coverage 24 X 7 death coverage(Natural

/Accidental death) with a sum assured of Rs.10,00,000/-(Rs.Ten lacs only). i. Statutory provisions if in contradiction will prevail over any Special conditions of the Contract. j. Transportation facility in respect of Secondary Workforce for commuting to entry gates of MRPL shall be

in the scope of the contractor. However, for internal transport from entry gate to place of work; existing circular vehicles to be utilised.

k. For ensuring compliance to the above, suitable number of welfare officers to be placed by contractors with respect to all statutory provisions.

l. Uniform/ Boiler suit-2 sets per year, Helmet, Shoes, Raincoat to be provided to the workforce and proof to be submitted.



SECTION - IX

61 STATUTORY REQUIREMENTS/ SAFETY RELATED ASPECTS :

(Please refer Safety Policy).

a) This shall be read in conjunction with the MRPL General Conditions of Contract, Special Safety Precautions to be taken by the Contractors working in Operating Refinery, Specification of Work, Drawing or any other document forming part of this contract wherever the context so requires.

b) Contractor shall be responsible for the safety and health of all his employees. c) All Liabilities under IE rules 1956/labour laws, insurance on account of this contract for

personnel/labour shall be done by the contractor. Engineer In-charge in co-ordination with P&A dept will be ensuring that all these statutory requirements pertaining to labour and safety is complied by the Contractor during the execution of the said contract. Workmen employed by the contractor are required to comply with/maintain the following under contract labour (regulation and abolition) act and also make it available for the inspection by GM (P &A).

• Workmen register • Attendance register • Wage register (payment to be made strictly as per minimum wages act) • Work commencement certificate from labour commissioner and labour license if required • Insurance cover towards temporary disablement and permanent disablement for the workmen • PF Contribution -As per PF act the contractor has to obtain separate code for the PF of their

employee from the PF commissioner/MRPL. Details of payment of PF for the wages disbursed by the contractor to the workmen shall be submitted to GM (P & A) periodically.

d) The contractor should give an Undertaking that he has gone through all terms and conditions of MRPL General Conditions of Contract and all terms and conditions are agreeable to them.

e) Contractor shall ensure strictly all Safety Precautions to be taken in an Operating Refinery. Special safety precautions to be taken by the contractors working in operating refinery is to be taken from Engineer In-charge.

f) Contractor shall ensure that all workmen entering refinery premises are provided with valid photo gate passes and to be produced on demand by each workman.

g) The Contractor shall submit the Bio-data of all the employees including the Supervisor to the Engineer-in-charge before taking up the job. Only those employees whose Bio-data are approved shall be allowed to work inside the Refinery Complex. The personnel engaged by the Contractor shall maintain good conduct and discipline commensurate with Industrial standard. If in the opinion of the Engineer-in-charge any of the personnel have not maintained good conduct and discipline, the Contractor shall remove such personnel immediately from MRPL premises and provide alternate personnel.

h) The Contractor shall make his own transport arrangements/stay and food for their personnel during normal duties as well as extended duties and no company transport shall be provided to the Contractor.

i) The Contractor shall make himself fully conversant with the locations and the type of job to be carried out.

j) House keeping of the workplace shall be done strictly by the Contractor on daily basis or as required by the Engineer-in-charge. Contractor to collect all debris/ scrap and dump at designated Scrap Yard within the Refinery.

k) The Contractor shall prepare plan for executions of jobs and get the same approved by the Engineer-in-charge. The Contractor shall submit progress report at specified intervals and shall be responsible to ensure the specified progress.

l) The Contractor shall ensure that day’s work planned by MRPL Engineer-in-charge is completed on the same day. In case of backlog, the Contractor to increase the manpower or equipment resources to ensure timely completion of the job.



m) The Contractor shall ensure good workman-ship in all the jobs carried out. Any defects found in the completed jobs shall be rectified by the Contractor free of charge to the satisfaction of the Engineer-in-charge.

n) If at any stage of the work, the progress of the Job is found unsatisfactory, MRPL reserves the right to carry out the remaining portion of the Job by hiring the services of the other agencies and charge the cost of such services to Contractor’s account. In case of any disputes MRPL’s decision will be final & binding.

o) The work to be carried out in a manner so as not to cause damage to the surroundings. Damage if caused during carrying out the Job has to be made good by the Contractor at no extra cost to MRPL.

p) No Extra Bill or Claim for extra work or supply of material will be entertained unless undertaking of such extra work/supply of material has been authorised by MRPL in writing.

q) MRPL reserves the right to terminate the Contract without assigning any reason at any time during the validity of the Contract period.

r) Bills shall be submitted to Accounts Dept. on any working day duly certified by the Engineer-in-charge after completion of work.

s) MRPL reserves the right to award the job in full or in any combination of the items as felt convenient.

SECTION - X

62. GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR ENVIRONMENT AND ENERGY COMPATIBILITY

MRPL is an organization which is certified to ISO 14001 Environment Management System and ISO 50001 Energy Management System and looks forward to its service providers to help them maintain the system that is designed for this purpose. All suppliers are to ensure compliance to the following while they are providing Materials to MRPL or providing services within the premises of MRPL .

a) Ensure that the products supplied are Eco friendly (easily disposable as bio-degradable waste and the end of life or with a buy back condition), when not covered by PO specification.

b) Products supplied should be non-polluting when in operation/service. c) Items supplied are to be energy efficient i.e. “Star rated”. d) Ensure that the packing and Packaging material used are disposal as bio-degradable waste or with

buy back condition. e) Material Safety Data Sheets contain environment /energy related data /information on energy

efficiency usage, storage, spillage and easy disposal. f) Specify action to be taken for spillages, if any to prevent contamination of air, land and water. g) Ensure that there is no threat to environment during transportation to and returns from MRPL, during

delivery / while supplying materials. h) Material supplied should not lead to damage or harm to vegetation and greenery while usage and

disposal. i) Supplier shall comply with all applicable regulations regarding the supplied Goods including all

materials used and shall provide all information necessary by such regulation and/or requested by MRPL

j) Supplier shall be responsible, where physically possible, to take the Goods back for the purpose of recycling them within the scope of the statutory requirements or to dispose them in an environmentally-friendly manner.

k) Suppliers are to take action and comply with requirements when failures are intimated by MRPL and repeated failures /failure to act may lead to termination of contracts.

l) Ensure that the noise and pollution levels of vehicles and equipment when used to deliver goods are as per regulatory norms and are subject to verification.

63. GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR ENVIRONMENT AND ENERGY COMPATIBILITY

MRPL is an organization which is certified to ISO 14001 Environment Management System and ISO 50001 Energy Management System and looks forward to its service providers to help them maintain the system that is designed for this purpose.



All service providers are to ensure compliance to the following while they are providing Materials to MRPL or providing services within the premises of MRPL.

a) Ensure that the products used while providing service are Eco friendly (easily disposable as bio-degradable waste and the end of life or with a buy back condition), when not covered by PO specification

b) Activities of the service provider should be non-polluting either by design or through control. c) Equipment’s brought for providing service are energy efficient i.e. star rated d) Ensure that the packing and Packaging material brought are disposal as bio-degradable waste or

with buy back condition. e) Material Safety Data Sheets are available for material brought for providing service and contain

environment /energy related data / information on energy efficiency usage, storage, spillage and easy disposal.

f) Follow action specified by MRPL to be taken for spillages, if any to prevent contamination of air, land and water.

g) Ensure that there are no threats to environment during transportation of material to and returns from MRPL to be used for providing service to MRPL.

h) Material brought for usage and disposed at MRPL, should not lead to damage or harm to vegetation and greenery.

i) Supplier shall comply with all applicable regulations regarding the materials used and shall provide all information necessary by such regulation and/or requested by MRPL

j) Supplier shall be responsible, where physically possible; to take the Goods back for the purpose of recycling them within the scope of the statutory requirements or to dispose them in an environmentally-friendly manner, when covered by contract.

k) Suppliers are to take action and comply with requirements when failures are intimated by MRPL and repeated failures /failure to act may lead to termination of contracts.

l) Ensure that the noise and pollution levels of vehicles and equipment used for providing service within MRPL are as per regulatory norms and are subject to verification

m) Segregate waste generated when providing service as per the scope of work as per MRPL norms i.e. Metal, Bio-degradable, Non-biodegradable, Solid waste and Hazardous waste,.

n) Dispose waste generated as per MRPL norms in the appropriate waste bins provided. o) Prevent / minimize /control /contain pollution by control on emission of gases, spillages when

providing service as per the scope of work p) Supplier shall be responsible, where physically possible, to take its Goods back for the purpose of

recycling them within the scope of the statutory duties or to dispose of them in an environmentally-friendly manner.

q) Follow safety precautions as per MRPL norms, when providing service as per the scope of work. r) Prevent wastage, excessive consumption and misuse of Electricity, steam and water.

SECTION – XI (MSEs & STARTUP COMPANIES)

64.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)

1. As per Public Procurement policy (PPP) for Micro & Small Enterprises (MSEs) Order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any of the following in order to avail the benefits / preference available vide Public Procurement Policy MSEs Order, 2012.

a) District Industries Centers (DIC) b) Khadi and Village Industries Commission (KVIC) c) Khadi and Village Industries Board d) Coir Board e) National Small Industries Corporation (NSIC) f) Directorate of Handicraft and Handloom g) Any other body specified by Ministry of MSME (MoMSME) h) Udyog Aadhaar Acknowledgment / Udyog Aadhaar Memorandum issued by MoMSME.



MSEs participating in the tenders must submit valid & authorized copy of certificate of registration with any one of the above agencies. In case of bidders submitting DIC registration certificate, he shall attach original notarized copy of the DIC certificate.

2. The MSEs registered with above mentioned agencies /bodies are exempted from payment of Earnest Money Deposit (EMD).

3. Bidder shall be Manufacturer for supply items As per the MoMSME, the benefits of the PP Policy extended only to manufacturers registered under this and are not applicable to traders/ dealers/resellers/ distributors/authorized agents etc. Accordingly, the eligible MSE bidders shall be registered for the item tendered. Bidder shall submit proof that he is a manufacturer of the item for which he is quoting and he shall highlight the details of his manufacturing status in the MSE certificate against the item he is proposing to bid in the tender. However, in cases where installation / commissioning and related activities along with Purchase of item(s)is/are involved and the bidder has relevant MSE certification, then he shall be eligible for claiming benefits of the PP Policy.

4. The registration certificate issued must be valid as on Bid closing date of the tender. Bidder shall ensure

validity of registration certificate in case bid closing date is extended.

5. The MSEs who have applied for registration or renewal of registration with any of the above agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are not eligible to avail benefits under PP Policy. Where validity of such certificates such as NSIC certificate has lapsed, it shall be the responsibility of the bidder to seek renewal from the concerned Govt agency before such expiry. Documentary evidence seeking extension before the lapse of validity of such certificate and an authorization letter from the Govt. agency having received application for renewal shall be submitted before the bid closing date.

6. MRPL being a critical refinery installation, vital to public safety and maintaining essential supplies to the society and other customers including Govt agencies, reserves right to grant relaxation in tender conditions under the Public Procurement Policy on procurement of goods and services from Micro and Small Enterprises (MSEs) order 2012/other Government guidelines as applicable from time to time.

7. Purchase Preference:

a) Items which are reserved for exclusive purchase from Micro and Small Enterprises shall be procured from Micro and Small Enterprises as per Public Procurement Policy.

b) Subject to meeting terms and conditions stated in the tender document, twenty five percent of the

total quantity of the tender is earmarked for MSEs registered with above mentioned agencies/bodies for the tendered item/services.

c) In case MSE bidder is L1 entire value of the tender is to be ordered on the L1 MSE bidder. d) In tender, participating Micro and Small Enterprises quoting price within price band of L1 + 15% shall

also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from someone other than a Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 25 percent of the total tendered value (where the tender quantity can be split).

e) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price,

the supply may be shared proportionately if the job can be split. f) In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered quantity

provided their quoted price is within a price band of L1 + 15 percent and they match the L1 price. g) If the quantity cannot be split and there are more than one eligible MSE bidders (price band within

L1+15%) then the opportunity to match the L1 rate of the tender shall be given first to MSE (who MRPL Tender No. 3300007070 61 of 147 ________________



have quoted lowest rate among the MSEs within the price band of L1+15%) and the total quantity shall be awarded to him after matching the L1 price of the tender.

h) If the MSE who have quoted lowest rate among the MSEs in the price band of L1 + 15% do not

agree to match the rate of L1 of the tender, then the next ranked MSE bidder who has quoted within the price band of L1 + 15% in order shall be given chance to match the rate of L1 for award of the quantity/order.

i) For more clarity in this regard, following table is furnished;

Type of Tender Price qu oted by MSE Finalization of tender Can be Split L1 Full order on MSE

Can be Split Not L1 but within L1+15% 25% order on MSE subject to matching L1 price

Cannot be Split L1 Full Order on MSE

Cannot be Split Not L1 but within L1+15% Full Order on MSE subject to matching L1 price

j) In case where tender quantity can be split and MSE vendor is already getting order for more

than 25% of the tendered quantity/ value, no additional purchase preference is required to be given in the tender.

k) In case MSE vendor is getting order less than 25% of the tendered quantity / value, purchase preference to this and other MSE vendors (together) shall be given only up to the differential quantity to make total as 25% to MSE vendor.

l) The purchase preference to MSE is not applicable for works contracts where supply of goods not

produced by MSEs is also involved. 8. Out of the twenty five percent target of annual procurement from micro and small enterprises four

percent shall be earmarked for procurement from micro and small enterprises owner by Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the tender requirements and L1 price four percent sub-target so earmarked shall be met from other MSEs.

9. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority in

addition to certificate of registration with any one of the agencies mentioned in paragraph (I) above. Alternatively, the bidder shall be responsible to furnish necessary documentary evidence for enabling MRPL to ascertain that the MSE is owned by SC/ST entrepreneurs. MSE owned by SC/ST is defined as:

a) In case of proprietary MSE, proprietor(s) shall be SC/ST b) In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the

enterprise. c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

10. If the bidder does not provide appropriate document or any evidence to substantiate the above, then it

will be presumed that he does not qualify for any preference admissible under the Public Procurement Policy, 2012.

65.0 CONDITIONS FOR START-UP COMPANIES

1. Subject to meeting of Quality and Technical specifications, MRPL may consider allowing the participation of all “Start-up’’ companies (and not limited to manufacturing sector), who are capable of executing the order as per technical specifications/ perform the job as per scope of work specified in the tender and subject to meeting extant & relevant guidelines of Government of India. This should be confirmed and substantiated in the technical bid. The startup bidder shall be required to submit an



undertaking along with the bid stating that they will comply with all quality requirement and technical specifications of the tender during execution.

2. To establish the quality and technical specification of the tendered items Technical Capability, following

criteria to be ensured as applicable;

a) The bidder who intends to participate as “Start-up” company should enclose the `Certificate of Recognition issued by Department of Industrial Policy and Promotion(DIPP), Ministry of Commerce & Industry, Govt. of India during submission of Technical bid.

b) Nature of Business mentioned in application made to get Start-up accreditation. Nature of Business should be related to tender item.

c) A detailed Business Plan covering complete implementation of work with following points needs to be submitted as applicable;

• Methodology to execute tendered work • Resource allocation & planning • CV/Qualification of Key executives • Working Capital & Finance Management • Safety, Security & statutory aspect • Any other important points which would be helpful to prove quality & technical capability.

d) Certificate of Incorporation. e) Audited Balance sheet (P&L statement) of all the financial year since incorporation.

f) The Start-up companies, recognized by DIPP are exempted from payment of EMDs g) Prequalification Criteria with respect to Prior Turnover and Prior Experience may be relaxed for Start-

ups as per the GOI guidelines.

h) However, there may be circumstances like procurement of items/services related to public safety, health, critical security operations and equipment, etc wherein MRPL reserves the right to not consider relaxation of Prior Turnover and Prior Experience for Start-up Companies as per GOI guidelines.

i) Start-up Companies who are also registered as MSEs and wish to avail the benefits as applicable to

MSE, shall submit relevant documents covered under Conditions for Micro and Small Enterprises elsewhere in this tender.

j) Based upon above documents / details, if MRPL is not convinced on meeting quality and technical

capability of the bidder on the tendered items is able to execute the subject tender, the bid may be rejected without any further notice / communication to the bidder.

Bid Evaluation in case of tie :

• In case of tie at the lowest bid (L1) position between two or more startup/non-startup bidders, the order will be placed on the bidder who has higher/highest turnover in last audited financial year.

• In case there is tie at the lowest bid (L1) position between only startup bidders and none of them has past turnover, the order will be placed on the startup who is registered earlier with Department of Industrial Promotion and Policy.



66.0 POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC)

MOP&NG has notified the purchase preference(linked with local content)-PP-LC for the Procurement of goods and services under Oil & Gas Projects in India. Under this Policy, the bidders are allowed to avail the purchase preference linked with attaining the stipulated Local content. MRPL reserves the right to allow Manufacturers or Suppliers or Service providers, purchase preference as admissible under the prevailing policy, subject to their complying with the requirements/conditions defined herewith and submitting documents required to support the same. In order to avail the Purchase preference under this policy, bidder shall achieve minimum Local Content (LC) for enquiries floated year-wise (Date of Notice inviting tender) as per table given below. Table of Local Content-Enclosure-1

Notes 1. Above policy is not applicable for Domestically Manufactured Electronic Products (DMEP) and MSME as

there being specific policies for products/services 2. The prescribed local content in above table shall be applicable on the date of Notice Inviting Tender. A) Margin of Purchase Preference The manufacturers/service providers having the capability of meeting/ exceeding the local content targets given above shall be eligible for 10% purchase preference under the policy. i.e where the quoted price of eligible LC manufacturers/LC service providers is within 10% of the lowest price, purchase preference may be granted at the lowest valid price bid. B) Procedure for availing benefits under Purchase Preference (Make in India Policy) The option in case of MSE bidders qualifying under both Policies, namely, Purchase Preference under the Public Procurement Policy – 2012 (PPP-2012) for MSE bidders and Purchase Preference Linked with Local Content (PP-LC 2017) shall be exercised as under:

i. The MSE bidder can avail only one out of the two applicable purchase preference policies, i.e., PP-LC 2017 for PPP-2012 and therefore, bidder will be required to furnish the option under which he desires to avail purchase preference. This option must be declared within the offer and in case bidder fails to do so although he is eligible for both the Policies, MRPL shall evaluate his offer considering PPP- 2012 as the default chosen option.

ii. In case a MSE bidder opts for preference under PPP-2012, he shall not be eligible to claim benefit under PP-LC 2017 (irrespective of the fact whether he furnishes the details of LC in his offer and this LC meets the stipulated LC criteria).

iii. In case a MSE bidder opts for purchase preference based on PP-LC 2017, he shall not be entitled to claim benefit of purchase preference benefit as applicable for MSE bidders under PPP-2012. However the exemptions from furnishing Bid security (EMD) shall continue to be available to such a bidder.

iv. In view of the above a) The bidder’s quoted prices against various items of enquiry shall remain valid even in case of

splitting of quantities of the items, except in case of items where the quantity cannot be split since these are to be awarded in a Lot or as a package or Group.



b) While evaluating the bids, for price matching opportunities and distribution of quantities among bidders, the order of precedence shall be as under:

• MSE bidder (PPP-2012) • PP-LC complied bidder (PP-LC)

In case the bidder has not declared his status as to whether he is an MSE Bidder or PP-LC Bidder during bid submission, then he will be considered as non PP-LC compliant bidder and evaluated accordingly. No further correspondence will be made in this regard.

Examples of Purchase Preference: Non divisible item L1 bidder is non MSE, non PP-LC bidder L2 bidder is PP-LC (within 10%) L3 bidder is MSE bidder (within 15%) MSE bidder shall be given preference to match the L1 price. If L3 bidder matches the L1 price, Order shall be placed on him, otherwise, option for matching the L1 price shall be given to L2 bidder (PP-LC). Divisible item L1 bidder is non MSE, non PL-LC bidder L2 bidder is PP-LC (within 10%) L3 bidder is MSE bidder (within 15%) MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order shall be placed on him for the quantity specified in the bidding document. For the balance quantity (i.e. 50% of tendered quantity/value) option for matching the L1 price shall be given to L2 bidder (PP-LC). Balance quantity shall be awarded to natural lowest bidder. For further clarification, in case an item has quantity 4 nos. then 1 no. can be given to MSE bidder, 2 to PP-LC bidder and left out 01 no. to natural L1 bidder. Note: The above two examples are not applicable to the Works Contracts since the Purchase Preference under PPP-2012 is not applicable to works contracts. • In case lowest bidder is a MSE bidder, the entire work shall be awarded to him without resorting to

purchase preference to bidders complying with Local Content. • In case lowest bidder is a PP-LC bidder, purchase preference shall be resorted to MSE bidder as per

provisions specified in the enquiry document w.r.t. PPP-2012 only.

The PP-LC Policy shall be implemented in the following manner Quantum of purchase preference for bidders qualifying under local content (for LC Bidder) meeting minimum local content, subject to accepting L1 Price and tender applicability criteria, referred to as eligible LC bidder as explained under previous sections are stated below.

A. For goods 1) If L-1 is LC bidder, entire quantity will be awarded to such LC bidder 2) If L-1 is non-LC bidder,

a) 50% of the quantity will be awarded to LC bidder and rest to non-LC bidder b) If quantity cannot be split in the ratio of 50:50, the next higher quantity greater than 50%

that is practically splittable shall be awarded to LC bidder and rest to non-LC bidder c) If quantity is indivisible, 100% shall be awarded to LC bidder d) If there are more than one LC bidders, 50% quantity shall be awarded to lowest LC

bidder and rest to non LC bidder B. For Services/ EPC contracts.



Normally the service / EPC contract are not splittable and therefore the eligible LC bidder shall be awarded 100% of the contract. However, in cases where the contract are splittable the LC bidder shall be awarded contract as explained under section A.2) above as in procurement of goods.

C) CERTIFICATION OF LOCAL CONTENT Manufacturers of goods and/or providers of service, seeking Purchase preference under the policy, shall be obliged to certify the LC of goods, service or EPC contracts as under: At bidding stage: The bidder shall provide the percentage local content in the bid (Unpriced Bid) The bidder must have LC in excess of the requirement specified in table given in Enclosure-1

• The bidder shall submit an undertaking from the authorized signatory of the bidder having the power of attorney along with the bid stating the bidder meets the mandatory minimum local content requirement, which shall become part of the contract.

• In cases of procurement for an estimated value in excess of Rs 10 Crores, the undertaking submitted by the bidder shall be supported by a certificate from the statutory auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of other than companies) giving the percentage of local content .

• However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their own office or subsidiary in India giving the percentage of LC is also acceptable. In case office or subsidiary in India does not exist or Indian office/subsidiary is no required to appoint statutory auditor or cost auditor, certificate from practicing cost accountant or practicing chartered accountant giving the percentage of LC is also acceptable.

After awarding of Contract/Purchase Order The LC Certificate as per Table attached as per relevant Enclosures (II,III & IV) shall be submitted along with each Invoice as per following criteria

a) Where the total quoted value is less than INR 5 Crore: In the case of procurement of goods and or services with the value less than Rs Five Crores, the local content shall be calculated (self-assessment) by the supplier of goods and/or the provider of services and certified by the Director/ Authorised representative of the company

b) Where the total quoted value is INR 5 Crore or above -The verification of the procurement of goods, services or EPC contracts with the value Rupees Five Crore and above shall be carried out as follows i. The Proprietor and an independent Chartered Accountant, not being an employee of the firm, in

case of a proprietorship firm. ii. Any one of the partners and an independent Chartered Accountant, not being an employee of the

firm, in case of a partnership firm. iii. Statutory auditors in case of a company. However, where statutory auditors are not mandatory as

per laws of the country where bidder is registered, an independent charted accountant, not being an Employee of the bidder’s organization.

However, procuring company shall also have the authority to audit as well as witness production processes to certify the achievement of the requisite local content and/or to obtain the complete back up calculation before award of work failing which the bid shall be rejected and appropriate action may be initiated against the bidder.

D) CALCULATION AND DETERMINATION OF LOCAL CONTENT



Bidder claiming Local Content have to calculate the LC and indicate the same in the Unpriced Bid and substantiate the calculation while submitting each invoice

1. LC shall be calculated on the basis of verifiable data. In the case of data used in the calculation of LC being non verifiable, the value of LC of the said component shall be treated as nil.

2. Format for calculation of LC is enclosed as a) Enclosures ll, for procurements of

a) Supply of goods i) Supply of goods along with installation and commissioning ii) Supply of goods along with installation , commissioning & AMC

b) Enclosure III for calculation of LC for Services c) Enclosure IV for calculation of LC for EPC

3. Determination of Local Content a) For Goods/installation & commissioning/AMC as evaluated under Enclosure II

i. LC of goods shall be computed on the basis of the cost of domestic components in goods, compared to the whole cost of product. The whole cost of product shall be constituted of the cost spent for the production of goods, covering: direct component (material) cost; direct manpower cost, factory overhead cost and shall exclude profit, company overhead cost and taxes for the delivery of goods.

ii. The criteria for determination of local content cost shall be as following • In the case of direct component (material) based on country of Origin • In the case of manpower, based on INR component • In the case of working equipment/facility, based on the country of Origin

iii. The calculation of LC of the combination of several kinds of goods shall be based on the ratio of the sum of the multiplication of LC of each goods with the acquisition price of each goods to the acquisition price of the combination of goods

b) For services as evaluated under Enclosure III I) LC of service shall be calculated on the basis of the ratio of service cost of domestic

component in service to the total cost of service II) The total cost of service shall be constituted of the cost spent for rendering of service

covering • Cost of component (material) which is used • Manpower and consultant cost, cost of working equipment/facility and • General service cost excluding profit, company overhead cost , taxes and duties

III) The criteria for determination of cost of local content in the service shall be as follows • In the case of material being used to help the provision of service, based on country

of origin • In the case of manpower and consultant based on INR component of the services

contract • In the case of working equipment/facility, based on the country of Origin and • In the case of general service cost, based on the criteria mentioned under 3.b)III

above • Indian flag vessels in operation as on date

c) LC of EPC contracts given under Enclosure IV I) LC of EPC contracts shall be ratio of the whole cost of domestic components in the combination of goods and services to the whole combined cost of goods and services II) The whole combined cost of goods and services shall be the cost spent to produce the combination of goods and services, which is incurred on work site.LC of the combination of goods and services shall be counted in every activity of the combination work of goods and services III) The spent cost as mentioned above(3.c.II) shall include production cost in the calculation of LC of goods as mentioned in 3.a.I and service cost in the calculation of LC of services as mentioned in clause 3.b.II



d) Determination of LC of the working equipment/facility shall be based on the following provision. Working equipment produced in the country is valued as 100% local content and working equipment produced abroad is valued as Nil Local Content (0%)

e) As regards cases where currency quoted by the bidder is other than INR, exchange rate prevailing on the date of Tender (NIT) shall be considered for the calculation of LC

The onus of submission of appropriately certified documents lies with the bidder and purchaser shall not have any liability to verify the contents & will not be responsible for same. However, in case the procuring company has any reason to doubt the authenticity of the Local Content, it reserves the right to obtain the complete back up calculations before award of work failing which the bid shall be rejected.

E) Failure of bidder in complying with the local content post award:

In case a bidder, who has specified in his bid that the bid meets the minimum Local Content specified in the enquiry document fails to achieve the same the following actions shall be taken by the procuring company:

a. Pre-determined penalty @ 10% of total contract value. b. Banning business with the supplier/contractor for a period of one year

To ensure the recovery of above pre-determined penalty, payment against dispatch/shipping document shall be modified to the extent that the 10% payment out of this milestone payment shall be released after completion of this milestone as well as submission of certification towards achievement of Local Content, as per provision of enquiry document. Alternatively, this payment can be released against submission of additional bank guarantee valid till completion schedule plus 3 months or as required by purchasing company.



Enclosure-II

CALCULATION OF LOCAL CONTENT – GOODS

Name of Manufacturer Calculation by m anufacturer

Cost per one unit of product

Cost component Cost (Domestic

component)

a

Cost (Imported

component)

b

Cost

Total

Rs/US$

C=a+b

% Domestic

component

d=a/c

I. Direct material cost

II. Direct labour Cost

III. Factory overhead

IV. Total production cost

Note:

% LC Goods = Total cost (IV.c)–Total imported component cost (IV.b) X 100

Total Cost (IV.c)

% LC Goods = Total domestic component cost (IV.a) X 100

Total Cost (IV.c)

MRPL Tender No. 3300007070 69 of 147 ________________



Enclosure-III

CALCULATION OF LOCAL CONTENT – SERVICE

NAME OF SUPPLIER OF GOODS/PROVIDER OF SERVICE

Cost Summary

Domestic Imported Rs/US$ Total

LC

% Rs/US$

b c d e=b/d f=d x e

A Cost component I. Material

used cost

II. Personnel &

Consultant cost III. Other

services cost IV. Total cost

(I to lV)

Rs

US$

Rs US$

Rs

US$

Rs US$

B Taxes and Duties Rs US$

C Total quoted price Rs US$

Note: % LC Service = Total cost (A. IV. d)–Total imported component cost (A. IV. c) X 100 Total Cost (A. IV. d) % LC Service = Total domestic component cost (A. IV. b) X 100 Total Cost (A. IV. d)



Enclosure-IV

CALCULATION OF LOCAL CONTENT –EPC (GOODS AND SERVICE)

A. COST COMPONENT (Rs/US$)

Cost Summary

Domestic Imported Rs/US$

Total LC

% Rs/US$ b c d e=b/d f=d x e

I GOODS

1. Material used cost

2. Equipment cost

3. Sub Total I

II SERVICES

1. Personnel & Consultant

Cost

2. Equipment &

WorkFacility Cost

3. Construction/Fabrication

Cost

4. Other Services Cost etc

5. Sub Total lI

III. TOTAL COST GOODS

+ SERVICES

B. Non Cost Component

C. TOTAL QUOTED

PRICE

Note: % LC Combination = {Total domestic component cost of goods (AI3b) +Total domestic component cost of service (AII5b)} X 100 Total Cost (AIIId)



Domestically Manufactured Electronic Items (DMEP)

Ministry of Electronics and IT (MeITy) has specified the preference to local content in Domestically Manufactured Electronics Items as follows: Electr onic Items Local Content Purchase Preference 1. Desktop computers 45% 50% 2. Laptop personal computers 40% 50% 3. Tablet personal computers 45% 50% 4. Dot-matrix printers 55% 50% 5. Smart cards-contact type 65% 50% 6. Smart cards-contactless type 70% 50% 7. LED products 65% 50% 8. Biometric Access control/authentication 45% 50% 9. Biometric fingerprint sensors 45% 50% 10. Biometric Iris Sensors 45% 50% 11. Servers 40% 50% Certification of Local Content For electronics goods It is mandatory for the bidder should submit a certificate duly certified by a practicing cost accountant/chartered account, in line with the said along with prescribed Form (enclosed) in the technical bid, mentioning the location(s) at which local value addition is made. In case of companies, the certification shall be from the statutory auditor or cost auditor for the company. In case the procurement value is <Rs 10Crores self-certification is acceptable. The bidder claiming benefits of Purchase Preference on the above shall provide at least 2 sets of data each under the following heads.

1. Domestic Bill of Materials a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on procurement

of inputs except those for which credit/setoff can be taken) and which have not been imported directly or through a domestic trader or a intermediary

b) Ex-factory price of product minus profit after tax minus sum of imported bill of material used (directly or indireclty) as inputs in producing the product (including duties and taxes levied on procurement of inputs except those for which credit/setoff can be taken) minus warranty costs

c) Market price minus post production freight, insurance and other handling cost minus profit after tax minus warranty cost minus sum of imported bill of material used as inputs in producing the product(including duties and taxes levied on procurement of inputs except those for which credit/setoff can be taken) minus sales and marketing expenses

2. Total Bill of Materials a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on procurement

of inputs except those for which credit/setoff can be taken) b) Ex-factory price of product minus profit after tax, minus warranty costs c) Market price minus post production freight, insurance and other handling cost minus profit after tax minus

warranty cost minus sales and marketing expenses.

The percentage domestic value addition shall be calculated as per the following formula, % Domestic Value addition = Domestic Bill of Material/Total Bill of Material



Public procurement (Preference to Make in India)-order 2017-Notfication on Cellular Mobile Phones. In furtherance of above order, MeITy has added cellular Mobile Phones vide notification no 33(5)/2017-IPHW dated 1/08/2018 and can be downloaded from http://dipp.nic.in/sites/default/files/Meity_dated_01082018.pdf Public Procurement (Preference to Make in India) Order 2018 for Cyber Security Products MeITy has issued notification viz File No 1 (10)/2017-CLSES dated 2/7/2018 to give purchase preference to domestically manufactured /produced Cyber Security Products as per the above Order. The definition of cyber security product, local supplier of domestically manufactured Cyber Security Products, exclusions, Verifications etc are available under http://meity.gov.in/cyber-security The local supplier at the time of bidding shall provide self-certification that the item offered meets the definition of local supplier of domestically manufactured/ produced Cyber Security Products. Certification authority for estimated values beyond Rs 10 Crores shall be statutory auditor or cost auditor of the company (in case of companies). In case of false declarations, provisions under clause-24-Instructions to Bidders of Section-1 of Tender Document will apply. Complaints received against claims of a bidder regarding supply of domestically manufactured Cyber Security Product shall be referred to STQC under MeITy. For certification of local content in electronic goods shall be as per the circular F.No.33(1)/2017-IPHW issued by Government of India Ministry of Electronics and Information Technology dated 14th September 2017, which may be downloaded from http://meity.gov.in/esdm/ppo under “notification for electronics products under public procurement order 2017” Purchase Preference in case where Negotiation is also required: In case purchase preference is applicable, but negotiation is to be conducted with L1 bidder, negotiation shall be carried out MSE and/or LC-complied bidder shall be offered to match the negotiated prices (even if, post negotiation, they are higher by more than 10% as compared to L1 bidder provided they were within 10% of L1 bidder as per original quoted prices) and left out quantity, if any, as per provisions of enquiry document shall be awarded to that bidder. Note: Relevant policy guidelines issued including modifications made from time by the concerned Ministry in respect to Purchase Preference to Make in India, shall be applicable.



SECTION-E APPENDIXES

APPENDIX DESCRIPTION

I INTEGRITY PACT

II PROFORMA OF BANK GUARANTEE (EMD)

III PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT / PERFORMANCE BOND

IV FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER

V STATEMENT OF CREDENTIALS

VI VENDOR FORM FOR ELECTRONIC FUND TRANSFER PAYMENT AND TAX DETAILS

VII DECLARATION & UNDERTAKING BY MSEs / STARTUP COMPANIES

VIII PRE-QUALIFICATION CRITERIA DETAILS – ANNUAL TURNOVER & NETWORTH DETAILS

IX PRE-QUALIFICATION CRITERIA DETAILS – DETAILS OF SIMILAR WORK COMPLETED

X PRE-QUALIFICATION CRITERIA DETAILS – OTHER CRITERIA

XI PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY LISTING

XII UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

XIII DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL DIRECTORS

XIV DEVIATION STATEMENT

XV CHECKLIST

XVI INDEX PAGE

XVII UNDERTAKING BY THE BIDDERS.



APPENDIX –II

PROFORMA OF BANK GUARANTEE

(FOR EARNEST MONEY DEPOSIT AS APPLICABLE) (On non-judicial paper of appropriate value)

1) In consideration of M/s Mangalore Refinery And Petrochemicals Ltd., registered under the Companies Act, 1956, having its Registered Office at Kuthethoor P.O., Via Katipalla, Mangalore-575030, hereinafter called “MRPL” which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns having invited / floated Tender to_______________________________________________________Proprietorship / Partnership Firm / Company registered under the Indian Partnership Act, 1932 / the Companies Act, 1956, having its office at___________________________________________________, (hereinafter called “the Tenderer” which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns vide Tender No._____________ dated_______________ (hereinafter called “the Tender” which expression shall include any amendments / alterations to the Tender by MRPL for the supply of goods to / execution of services for MRPL and MRPL having agreed not to insist upon immediate payment of Earnest Money for the fulfillment and the performance of the said Tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs.____________(Rupees_____________________only). We,______________ having office at________________________………….. and Head Office at ………………………………………. (hereinafter referred to as “The Bank” which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns at the request and on behalf of the Tenderer hereby agree to pay to MRPL without any demur on first demand an amount not exceeding Rs._______________(Rupees______________________only) against any loss or damage, costs, charges and expenses caused to or suffered by MRPL by reason of non-performance and non-fulfillment or for any breach on the part of the Tenderer of any of the terms and conditions of the said Tender.

2) We___________further agree that MRPL shall be the Sole Judge whether the said Tenderer has failed to perform or fulfill the said Tender in Terms thereof or committed breach of any of the terms and conditions of the Tender and the extent of loss, damage, costs, charges and expenses suffered or incurred or would be suffered or would be incurred by MRPL on account thereof.

3) We________Bank further agree that the amount demanded by MRPL as such shall be final and binding on the Bank and the Bank undertake to pay to MRPL the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the Tenderer or any suit or other legal proceedings including Arbitration pendings before any Court, Tribunal or Arbitrator relating thereto and our liability under this guarantee being absolute and unconditional.

4) We,_______________Bank, further agree with MRPL that MRPL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Tender or extend time for the performance by the Tenderer from time to time or to postpone for any time any of the powers exercisable by MRPL against the Tenderer and to forbear to enfore any of the terms and conditions relating to the Tender and we shall not be relieved from our liability by reason of any such variation or extension being granted to the Tenderer or for any forbearance, act or omission on the part of MRPL or any indulgence by MRPL to the Tenderer or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5) NOTWITHSTANDING anything herein before contained, our liability under this guarantee is restricted to Rs._________(Rupees________________________). Our liability under this guarantee shall remain in force until expiration of 180* days from the date of opening of the said Tender. Unless a demand or claim under this guarantee is made on us in writing within the said period, that is, on or before____*___all rights of the Messers under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.



6) We,__________Bank, further undertake not to revoke this guarantee during its currency except with the previous consent of MRPL in writing.

7)This guarantee shall not be affected by any change in the constitution of the Tenderer or the Bank or MRPL and shall remain in full force and effect until the liabilities of the Bank are discharged by MRPL IN WITNESS WHEREF the Bank has executed this document on this_________day of__________2019. For_________Bank

*Pl. mention/put specific date



APPENDIX – III

PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT/PERFORMANCE BOND

(To be executed ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) Ref: Bank Guarantee No………………

Date…………… To: M/s. Mangalore Refinery & Petrochemicals Ltd., Regd. Office: Kuthethur P.O Katipalla Mangalore 575 030 Dear Sir, 1. In consideration of Mangalore Refinery & Petrochemicals Ltd., having its Registered Office at

Kuthethur, Katipalla, Mangalore 575 030 (hereinafter referred to as the “Company” which expression shall unless repugnant to the context or meaning thereof, include all its successors, administrators, executors) and having entered into a contract dated ……………. (hereinafter called the “Contract” which expression shall include all the amendments thereto) with M/S. …………………………. ……………………………….. having its Head/Registered Office at…………… ………………………………..(hereinafter referred to as the “Contractor” (which expression unless repugnant to the context or meaning thereof, shall include all its successors, administrators, executors and assigns) and the contract having been unequivocally accepted by the contractor resulting in a contract bearing No. ………………. dated…… …………. Valued at for …………………………… (scope of work) ………………….. and the Company having agreed that the Contractor shall furnish to the Company a performance guarantee for the faithful performance of the entire contract to the extent of …….. % of the contract price, i.e. Rs……………… (in word) we ……………….. (bank)…………………….. having its registered office at…………….. …………………………………..(hereinafter referred to as the “Bank” which expression shall unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay on demand to the Company any money or all moneys to the extent of Rs…………. ……. (Rupees ……………………………………………) in aggregate at any time without any demur, reservation, recourse, contest or protest and/or without any reference to the Contractor. Any such demand made, by the Company on the Bank shall be conclusive and binding notwithstanding any difference between the Company and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that Guarantee herein contained shall be irrevocable and shall continue to be enforceable till it is discharged by the Company in writing.

2. The Company shall have the fullest liberty, without affecting in any way the liability of the Bank under this Guarantee from time to time, to extend the time for performance of the contract by the Contractor, or vary the terms of the Contract. The Company shall have the fullest liberty without affecting this Guarantee to postpone, from time to time, the exercise of power vested in them or of any right which they might have against the Contractor any to exercise the same at any time in any manner and either to enforce, or to forbear from enforce, any covenants contained or implied in the contract between the Company and the Contractor or any other course or remedy or security available to the Company. The Bank shall not be released of its obligations under these presents by any exercise by the Company of its liberty with reference to matters aforesaid or any of them or by reason of any other act or forbearance of other act or forbearance of other acts of Company or any other indulgence shown by the Company or by any other matter of thing whatsoever, which under law would, but for this provision, have the effect of relieving the Bank.



3. The Bank also agrees that the Company at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the Contractor and notwithstanding any security or other guarantee that Company may have in relation to the Contractor’s liabilities.

4. The Bank further agrees that the guarantee herein contained shall remain in full force during the period that is taken for the performance of the contract and it shall continue to be enforceable till all the dues of the Company under or by virtue of this contract have been fully paid and claim satisfied or discharged or till the Company discharges the Guarantee in writing.

5. We further agree that as between us and Company for the purpose of this Guarantee any notice given to us by the Company and any amount claimed in such notice by the Company that the money is payable by the Contractor and any amount claimed in such notice by the company shall be conclusive and binding on us notwithstanding any difference between the Company and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We further agree that this Guarantee shall not be affected by any change in our Constitution or that of the Contractor. We also undertake not to revoke this Guarantee during its currency.

6. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Rs……………………. (Rupees …………………………………………………………..) I aggregate and it shall remain in full force upto and including sixty days after ………………….. unless extended further, from time to time, for such period as may be instructed in writing by M/S…………………………………………………. on whose behalf this Guarantee has been given, in which case it shall remain in full force upon and including 60 days after extended date. Any claim under this Guarantee must be received by us before the expiry of the 60 days from ………………………. or before the expiry of the 60 days from the extended date. If no such claim has been received by us within the sixty days has been received by us within the sixty days after the said date/extended date, the Company’s right under this guarantee will cease. However, if such a claim has been received by us within and upto sixty days after the said date/extended date, all the Company’s rights under this Guarantee shall be valid and shall not cease until we have satisfied that claim.

Dated this …………………. Day of …………………20….

WITNESS:

________________________ ________________________

(SIGNATURE) (SIGNATURE)

________________________ ________________________

(NAME) (NAME)

______________________ ________________________

(OFFICIALADDRESS) (Designation with Bank Stamp)

________________________ Attorney as per power of

Attorney No………………………

Dated:……………………………..



APPENDIX -IV

FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER ON NON JUDICIAL STAMP PAPER OF RS.100/-PERFORMANCE GUARANTEE SUB: CONTRACT/WORK ORDER NO: DATED: We the contractors hereby agree undertake to faithfully observe and comply 'with the following during the performance of the contract. 1 We shall a) Deploy trained and competent employees who are physically fit and arc not suffering from any chronic or

contagious disease b) Be responsible for and arrange and bear costs of such equipments cleaning materials, uniforms and

other paraphernalia necessary to render; effectively the services required by the Company. c) Be responsible and liable for payment of salaries wages and other legal dues of our employees for the

purpose of rendering the services required by the Company under the above contract and shall maintain proper books of accounts, records and documents. We shall however, as at employer, have the exclusive right to terminate the service of any of our employees and to substitute any person instead.

d) Comply in all respects with the provision of all statutes, rules and regulations applicable to us and /or to our employees and in particular we shall obtain the requisite license under the contract labour (Regulation & abolition) Act, 1970 and the rules made thereunder.

e) Ensure that our Employees while on the premises of the company or while carrying out their obligations under the contract, observe the standards of cleanliness, decorum safety and general discipline laid down by the company or its authorised agents and the company shall be sole judge as to whether or not we and / or our employees have observed the same.

f) Personally and exclusively employ sufficient supervisory personnel exclusively to supervise the work of our employees so as to ensure that the services rendered under this contract are carried out the satisfaction of the company.

g) Ensure that our employees will not enter or remain on the company's premises unless absolutely necessary for fulfilling our obligations under the contract.

h) Not do or suffer to be done in or about the premises of the company anything whatsoever which in the opinion of the company may be or become a nuisance or annoyance or danger or which may adversely affect the property, reputation or interest of the company.

i) Not do or suffer to be done in or about the premises of the company anything whereby any policy of insurance taken out by the company against loss or damage or otherwise may become void or avoidable.

j) Be liable for and make good any damage caused to the company 's properties or premises of any part thereof or to any fixtures or fittings or fitting thereof or therein by any act, omission, default or negligence on our part or on the part of our employees of our agents.

k) Indemnify and keep indemnified the company, its officers and employees from and against all claims, demands, actions suits and Proceedings whatsoever that may be brought or made against the company by or / on behalf of any person, body authority whomsoever and whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of whatsoever nature which the company may now or hereafter be liable to pay, incur or sustain by virtue of or as result of the performance or non-performance or observance or non-observance by us of any of the terms and conditions of the contract, without prejudice to the companys other rights, the company will be entitled to deduct from any compensation or other dues payable to us the amount payable the company as a consequence of any such claims, demands costs, charges and expanses. The company shall not be responsible for death, injury or accidents to our employees which may arise out of or in the course of their duties on or about the company’s property and premises and in the event that the company is made liable to pay and damage or compensation in respect of such employees, we hereby agree to pay to the company such damages or compensation upon demand. The company shall also not responsible or liable for any theft loss, damages, or destruction of any property that belongs to us or our employees lying in the company premises from any cause whatsoever.

l) It is hereby declared that we are, for the purposes of these contract independent contractors and all persons employed/ engaged by us for our obligations under the contract shall be our employees and not of the company. On the expiration of the contract or any earlier determination thereof we shall forthwith



remove our employees who are in the company’s premises or any part of thereof failing which our employees, agents, savants, etc. shall be deemed to be trespassers and on their failure to leave the company’s premises, the company shall be entitled to remove all persons concerned (if necessary by use of force) from the company premises and also to prevent them (if necessary by use of force) from entering upon the company’s premises.

We hereby undertake and declare that, in the event the workmen/ employees / persons / engaged (the contractors employees) to carry out the purposes thereof, attempt to claim employment with the company or attempt to be declared as employees of the company or attempt to become so placed, therein all such cases, we shall assist the company in defending all such attempts of the contractors employees AND we shall bear any pay solely and absolutely all costs, charges and expenses including legal charges incurred in which may incurred in defending all such attempts and in any appeal or aspects filed by the company therein or relating thereto AND we hereby indemnify forever the company against all such costs, charges and expenses including legal charges and against all any losses, expense all damages, whether recurring or not, financial or otherwise caused to or incurred by the company as a result of such attempt by the Contractor’s employees. It is hereby agreed that the company shall be entitled to setoff any debit or sum payable by us either directly or as a result of various facility to the company against any monies payable or due from the company to us or against any monies laying or remaining with the company and belonging to us or any of our partners or directors. To be witnessed by Notary or Contractor signature By an official of MRPL Authorised Attorney



APPENDIX - V

STATEMENT OF CREDENTIALS

Tenderers should fill their technical offer by providing all information as follows (If not applicable- Please mention as ‘N/A’) ; SI No Particulars Details

1 Name of the Firm 2 Nature of the Firm

(State whether Limited Company, partnership Firm, Co-op. Society or Sole Proprietor, Photocopies of documents Confirming constitution of the firm to be Enclosed)

3 Year of Establishment 4 Registration Number, if any 5 Registered Postal Address

6 Telegraphic Address, if any 7 Telephone No. (s) 8 Fax No. (s), if any 9 E-mail ID, if any 10 Address of Branches, if any 11 Name of Directors/ partners / Proprietor ( as The case

may be) with address & Telephone No.(s).

12 Permanent Income Tax No.

13 Last Income Tax Clearance (Attach Photocopy) 14 Name of Bankers & Branch with full address 15 Type of Account & A/C No. 16 Name (s) of Authorised Representatives (s)

Note : Power of Attorney signed by the Director(s)/ Partners / Proprietor in favour of the authorized Person signing the tender documents must be enclosed.

17 Type of job in which engaged as independent manufacturer . contractor

18 Maximum value of the Job the Contractor/ manufacturer is capable of Handling per year. ( Furnish details of your Financial standing together with the Bank References and necessary Solvency certificate From their banker (Nationalised) as per Bank’s Format).

19 Were you associated with MRPL in any Other contract in the past

20 Are you currently having any contract with MRPL 21 Are you on the approved list of other Oil Cos/ Public

Sector Undertakings / govt. Dept. Etc. If so, furnish true copies of Certificates certifying your performance

22 Please confirm that you have qualified/ trained / experienced staff on your payroll to handle this job

23 Furnish Audited Balance sheet for last 3 Years ending previous finanicial year

24 Details of technical collaboration. Please provide Documentary support ( Xerox copies ) if any and the brief experience of the parties

25 Confirmed that Bank Guarantee for acceptance of the MRPL Tender No. 3300007070 81 of 147 ________________



Security Deposit as per tender will be provided 26 Brief Description of the job methodology/Quality

Assurance :

27 Details of Testing methods and equipments that will be made available

28 Details of your Past Experience in the country (India) in this nature of job.

29 Whether the bidder is put on Holiday list of any of the PSU. (If sought later, an affidavit to be produced later to MRPL.)

Bidder shall provide details in the below format, of at least one Authorised Contact person in Bidder’s organization with whom MRPL may correspond on the matter for seeking any clarifications:

1 Primary Contact Details of the Bidder Name Designation Landline Nos. Cell Phone nos. Email IDs 2 Alternate Contact Details of the Bidder

Name Designation Landline Nos. Cell Phone nos. Email IDs

Note: The Bidder to fill up the above and enclose along with Technical Bid. Authorized Signatory (With Company Seal & Signature)



APPENDIX-VI VENDOR FORM FOR ELECTRONIC FUNDS TRANSFER PAYMENT & TAX DETAILS

Please use additional copies of this form if your Company has additional Branches/ Divisions

dealing with MRPL/ if Material/ Service/ Invoice will be provided from different GST Nos.

Vendor data – ver-8

To: GGM– Materials

Mangalore Refinery & Petrochemicals Ltd.,Kuthethoor P.O., via Katipalla,

Mangalore. (Karnataka), Pin Code-575030, INDIA

The following is a confirmation/ updation of our bank account details and I/we hereby affirm our choice to opt

for payment of amounts due to us under various contracts through electronic mode.

1. Vendor/ Contractor particulars:

(i) Name of the Company:

(ii) Corporate Identity No. (CIN)

(iii) Existing Vendor Code (given by MRPL)

(iv)

Complete Postal Address:

(v) Pin code/ ZIP code:

(vi) Telephone nos. (with country/area

codes):

(vii) Fax No.: (with country/area codes):

(viii) Cell phone Nos.:

(ix) Contact persons /Designation:

(x) Email IDs:

2.Bank Account Particulars:

(i) Name of the Account holder:

(ii) Complete Bank Account No. (for

Electronic Funds Transfer):

(iii) Account type :

(iv) Bank Name :

(v) Bank Branch:

(vi) Bank Branch Contact Nos.:

(vii) 11 Digit IFS Code (for Bank Branches in

India)

(viii) Swift Code (for Bank Branches not in

India)

3. Tax Registration numbers: *(Please fill in the applicable fields and attach relevant proofs)

(i) Income Tax PAN no.:

(ii) Vendor type as per GST Act (tick any

one)

Registered Not Registered Compounding

SEZ

(iii) GST No.:

(iv) Registered address as per GST No.

(v) Contact Names, Nos.& email IDs for GST matters (Please mention primary and secondary contacts):

Accounts Deptt. 1.

2.

Material Dispatch Deptt./ Services Deptt. 1.

2.

(vi) Are you registered under TreDS No/Yes with RXIL/ A-TREDS/M1xchange 10 digit Reg No-



4. Organization information (MSMEs refer to Micro, Small and Medium Enterprises Development

Act, 2006):

(i) Company /Partnership Firm /Proprietary Concern / Society/Trust /NGO/Others (Please Specify):

(ii)

Whether Proprietor/ Partner belongs to SC/ ST category. (Please

specify names and percentage of shares held by SC/ST Partners):

(iii) Micro/Small / Medium Enterprise/ SSI/ Govt. Deptt./ PSU/

Others:

(iv) Name of MSME Registering Body (NSIC/ DIC/ KVIC/KVIB

etc.):

(v) MSME Registration no. (with copy of registration)

(vi) Udyog Aadhaar Memorandum no.

(vii) MSME-Women Entrepreneur No/Yes

(viii) Start-Up recognized by DIPP, Ministry of Commerce, Govt

of India

No/Yes, copy of certificate from DIPP

attached

I/we hereby confirm that the particulars given above are correct and complete and also undertake

to advise any future changes to the above details.

Name, Seal & Signature of Authorized Signatory for the Vendor with date

TO BE FILLED BY AUTHORISED BANKER OF THE VENDOR:

Certified that the Particulars as in Sr. No. 2 above are correct as per our records

__________________________

Bank Seal & Signature with date



APPENDIX –VII

(To be in the Company letter head) Date: …………………

DECLARATION & UNDERTAKING BY MICRO & SMALL SCALE ENTERPRISES / STARTUP COMPANIES/ ENTITIES SEEKING PURCHASE PREFERENCE UNDER MAKE IN INDIA POLICY/WOMEN ENTREPRENEURS/REGN WITH TReDS/GeM

Note on Point no 7 : Supporting documents under prescribed policy is enclosed. I have also attached necessary calculations for justifying local content for specified items and duly certified by competent agency as per relevant policy & liable for its authenticity

Sl. Particulars Details

1

Is your organization Proprietary / Partnership / Private Limited Companies / Public Limited Company / Others

…………………………………

2

Does your organization belong to Micro / Small / Medium scale Industry / Start-ups/ others (Please tick mark appropriate box. If bidder is Startup & MSE, then please tick mark both)

� Micro � Small Scale � Medium � Startup Company � Others

3

Whether Manufacturer for the tendered items (supply) / Service Provider for the tendered services as per MSE certification. (Please tick mark the appropriate)

� Manufacturer of items quoted � Service Provider for services � Trader/reseller/authorized agent/

distributor � Non MSE Bidder

4

In case you belong to Micro / Small/Medium Scale Enterprises whether you are registered under SC / ST Category (Please tick mark the appropriate)

� Yes � No if yes, � SC � ST

5 Is your firm/Organization owned by Women Entrepreneurs � Yes � No

6 Are your registered under TReDS (Trade Receivable electronic Discounting System approved by RBI)- Applicable for Micro, Small and Medium Enterprises

� No � Yes, RXIL/A-Treds/M1Xchange � Registration Number- (tick agency with whom you are registered along with registration No)

7 In case you are both a valid MSE bidder-PP Policy2012 and you are also meeting the Local Content (Make in India Policy), please give your preference. Please tick any one.

� MSE PP Policy 2012 � Make in India Policy

8

In case you are claiming benefits under Purchase Preference (Make in India Policy), whether you are meeting the minimum local content as mentioned in the tender document/concerned Ministry guidelines/ Policy.

� Yes, Local Content _______ %

� Not applicable for this tender

9 Has your firm/organization registered your items/services in Government e-Marketplace (GeM)

� Yes � No



A) CATEGORISATION OF MSE/SC-ST VENDORS

1. In case of Micro/Small/Medium scale Enterprises, kindly attach Registration Certificate issued by DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and Handlooms, or any other body specified by MSME for authentication such as Udyog Aadhaar Memorandum/Acknowledgment.

2. SC/ST entrepreneurs registered under MSEs need to submit valid documentary evidence.

B) ELIGIBILITY AND RECOGNITION OF START-UP COMPANIES Bidder who intends to participate as “Start-up’’ company should fulfil all the conditions of Start-Up as directed by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Govt. of Indiaand his eligibility shall be valid as on bid closing date. He shall also enclose the Certificate of Recognition issued by DIPP.

C) DECLARATION IN CASE OF MSE BIDDERS/ START-UP COMPANIES

In terms of Tender Conditions applicable for Micro & Small Enterprises (MSEs)/ Startups, we hereby declare as under-

a) We are a Micro / Small Enterprise, as on bid closing date of this tender. b) We are a Manufacturerof the quoted supply item(s)/service provider for quoted services and

valid documentary evidence for same is submitted. c) MSE certificate submitted by us is authentic & valid as on bid closing date of this tender. d) We are a “Start-up’’ company and we are meeting all conditions and therefore eligible as Start-

up company as on the date of tender bid closing. We are also enclosing copy of certificate of recognition issued by Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, Govt. of India.

D) DECLARATION IN CASEOF ENTITIES SEEKING PURCHASE PREFERENCE UNDER MAKE IN INDIA POLICY We have read carefully the terms and conditions for availing the benefits of PP Make in India Policy and we are meeting all the requirements of Local Content and duly certified documents for proving the stipulated local content as mentioned in this document is enclosed.

We declare the above details are true. In case any of the details are found to be false/untrue, our offer will be liable for rejection /cancellation of order/ and/ or subjected to appropriate penal actions / including Holiday Listing as per tender Terms & Conditions. Authorized Signatory (With Company Seal & Signature)



APPENDIX –VIII

PRE QUALIFICATION CRITERIA DETAILS PLS REFER SECTION F

ANNUAL TURNOVER DETAILS and NETWORTH DETAILS

Bidder shall indicate herein his annual turnover during the following 3 years based on the audited balance sheet/profit and loss account statement.

SI No Financial Year Annual Turnover (in Rs)

1 2016-17

2 2017-18

3 2018-19

Average Annual Turn Over during the above three financial years.: Rs._________

NETWORTH DETAILS

SI No Description Amount (in Rs)

1 Net worth as per last audited Financial statement

(Please highlight the above indicated values in the supporting documents for easy reference)

NOTE:

Copies of audited balance sheets with Profit & Loss account statement for last 3 years and Net worth Certificate certified by Chartered Accountant shall be submitted along with the offer.

Signature of the bidder with stamp shall be affixed



APPENDIX –IX

PRE QUALIFICATION CRITERIA DETAILS

DETAILS OF SIMILAR COMPLETED WORK PLS REFER SECTION F

Furnished below are the details required for meeting the qualifying requirements/ prior experience criteria;

SI No

Details of Work Executed

Name & Address of Client

WO No & Date

Contract value (in Rs)

Completed Value (in Rs)

Completion Period / date

Remarks if any

1

2

3

Note: Please attached supporting documents in the form of work order(s) with Proof of completion / Satisfactory completion / execution / experience certificate issued by the client.




APPENDIX –X

PRE QUALIFICATION CRITERIA DETAILS

OTHER CRITERIA

Furnished below are the details required for meeting the PQC - other criteria;

SI No Other criteria (Pre -Qualification) Compliance a Bidder has to quote for all items as per price bid and this is to be

confirmed in the format provided along with the technical bid Yes / No

b Experience of only the Bidding Entity shall be considered (In-house experience where for the past experience referred for qualification, the contractor and the Owner belonging to the same organization shall not be considered as a valid experience for the purpose of qualification)

Yes / No

c The bidder should not be under a black-list/ holiday list of any state/central government department or undertaking (including PSUs). Bidder shall give a declaration to this effect.

Yes / Not Applicable

(If Not Applicable, Please submit the declaration)

d Consortium bids (Please tick mark the applicable)

� Consortium bids� Not Applicable

e Any other Criteria as applicable to the tender




APPENDIX - XI

PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY LISTING

A. In the case of a Proprietary Concern :

I hereby declare that neither I in my personal name or in the name of my Proprietary concern, M/s…………………………………….., submitting the Bid / Tender nor any other concern in which I am Proprietor nor any partnership firm in which I am involved as a Managing partner have been been placed on blacklist or holiday list declared by any Government Department / Quasi-Government / Public Sector Undertaking or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas) / Regulatory authorities except as indicated below:

(Here give particulars of banning or blacklisting or holiday listing and in the absence thereof state “NIL”)

B. In the case of a Partnership Firm :

We hereby declare that neither we, M/s…………………………………….., submitting the Bid / Tender nor any partner involved in the management of the said firm either in his individual capacity or as proprietor or managing partner of any firm or concern have or has been placed on blacklist or holiday list declared by any Government Department / Quasi-Government / Public Sector Undertaking or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas)/ Regulatory Authorities except as indicated below:


C. In the case of a Company :

We hereby declare that we have not been placed on any holiday list or black list declared by any Government Department / Quasi-Government / Public Sector Undertaking or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas) / Regulatory authorities except as indicated below:


Any false information will be liable for rejection of bid, severe action like Forfeiture of EMD, Cancellation of the Order, Forfeiture of Security deposit including Black listing of the Bidder Company in all ONGC /MRPL establishments.

Place : Signature of Bidder :

Date : Name of Signatory :



APPENDIX - XII

UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

I/We hereby declare that: I. We are committed to elimination of child labour in all its forms. II. Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any of our

work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable laws.

III. We as well as our nominated sub-contractor(s) undertake to fully comply with provisions of The

Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour laws, in case the work is awarded to us.

IV. It is understood that if I/We, either before award or during execution of Contract, commit a

transgression through a violation of Article b/c above or in any other form, such as to put my/our reliability or credibility in question, the Owner is entitled to disqualify us from the Tender process or terminate the Contract, if already executed or exclude me/us from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday listing of the Owner.

V. I/We accept and undertake to respect and uphold the Owner’s absolute right to resort to and impose

such exclusion.





APPENDIX –XIII

DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL DIRECTORS The bidder shall declare the following information in exhaustive details on his company’s letter head with the document duly signed and stamped;- b) Where the Proprietor is a Sole proprietor – Yes / No

Whether the proprietor is a Director or any relative of Director of MRPL present or retired within past 2 years.

ii) Where the Tenderer is a firm – Yes / No

Whether any partner or member of the firm is a Director or a relative of any Director of MRPL, present or retired, within last two years.

iii) Where the Tenderer is a Company – Yes / No

Whether a Director (present or retired within the past two years) of MRPL or relative of such Director is a substantial member holding more than 10% (ten percent) of the paid up capital in the Company, or a Director of the Company.





APPENDIX –XIV

DEVIATION STATEMENT

I. Technical Deviations

SL. No

Tender document Page No

Clause No Description of clause Deviation taken by the bi dder

II. Commercial Deviations

SL. No

Tender document Page No

Clause No Description of clause Deviation taken by the bidder

Note: 1. Bidder to note this Annexure has been included in the bidding document solely for the convenience of

the bidder so as to facilitate them to list out the deviations / exceptions both of technical and commercial nature from / to the bidding document. Owner will not recognise any deviation(s)/ exception(s) which are not listed in this format

2. Any remarks / comments to any clause may also be submitted in the above performa. 3. Any Deviation taken or noted elsewhere in the submitted bid will not be considered and MRPL will not

be responsible for the same 4. In case of “No deviation” Bidder to write ‘NIL’ & sign. 5. If the above table is left blank (unfilled), it will be construed that the bidder have not taken any deviation

to this tender

Seal & Sign of the Bidder:



APPENDIX - XV

CHECK LIST FOR SUBMISSION OF OFFER Bidders are requested to submit / upload scanned copy of this check list. It shall also be ensured that all the details and the relevant documents mentioned below must be submitted / uploaded on e-tender portal. Tender No: _____________________________________________________________________

Name of the Bidder: _____________________________________________________________

MRPL Vendor Code (If Available):_________________________________________________

Address for Correspondence: ______________________________________________________

______________________________________________________________________________________

__________________________________________________________________________

Telephone No.: _________________________________________________________________

Mobile No.: _____________________________________________________________________

Fax No.: ________________________________________________________________________ Email

Address:__________________________________________________________________ (In case of any change in the above details, same may please be communicated to this office)

SI No

DESCRIPTION DETAILS

1 Earnest Money deposit (EMD) details, if submitted in the form of DD / Bank Guarantee (BG). The Scanned copy of the DD/BG shall be uploaded in EPS (as applicable)

DD No:__________________________

BG No:__________________________

Dated:__________________________

Amount: ________________________

Validity:_________________________

Name & Address of Issuing

bank:___________________________

________________________________

2 Registered under Micro or Small Enterprise development Act 2006 and claiming exemption from payment of EMD ? If yes, copy of NSIC/ DIC / UAM registration certificate uploaded ?

Yes / No Submitted/Not Submitted/Not Applicable

3 Registered as Startup company with DIPP and claiming exemption from payment of EMD ? If Yes, copy of Startup certificate (DIPP) uploaded ?

Yes / No Submitted/Not Submitted/Not Applicable

4 Confirm validity of offer as per NIT Yes / No If No, Valid up to: __________________

5 Information / details of the bidder as per proforma ……………..

Submitted / Not Submitted

6 Vendor form for electronic funds transfer payment & tax details


7 Power of Attorney or other proof of authority, in MRPL Tender No. 3300007070 94 of 147 ________________



favour of person who has signed the Tender Submitted/Not Submitted/Not Applicable 8 Partnership Deed / Memorandum of Association /

Articles of Association / Certificate of incorporation / Memorandum of understanding (as applicable)

Submitted/Not Submitted/Not Applicable Please mention:_____________________

9 Annual turnover Details of previous three Financial years Submitted

Yes / No

10

NetWorth of the bidder as per latest audited financial result. Relevant document Submitted

Networth : Rs_______________________ Yes / No

11 Details of Single Order Value along with Order Copies, Completion details as per tender Prior Experience Criteria Submitted

Yes / No

12 Details and documents w.r.t. Other criteria as per PQC submitted

Yes / No

13 Income Tax Pan No Submitted / Not submitted / Not Available Pan No:____________________________

14 GSTIN (GST Identification No.) Submitted / Not submitted / Not Available GSTIN:____________________________

15 Employees Provident Fund Registration Certificate

Submitted / Not Submitted / Not available PF Code No:________________________

16 If EPF Registration is not available, duly acknowledged (by the EPF Authorities) copy of application or undertaking on Bidder’s Company letterhead for obtaining the same in case of award of contract

Submitted / Not Submitted / Not applicable

17 ESI obtained from the Competent Authority Submitted / Not Submitted / Not available ESI No:________________________

18 If ESI No is not available, duly acknowledged (by ESI Authority) copy of application or undertaking on Bidder’s Company letterhead for obtaining the same in case of award of contract

Submitted / Not Submitted / Not Applicable

19 Integrity pact Submitted / Not Submitted / Not Applicable 20 Declaration of banning / black listing / holiday listing

as per proforma attached Submitted / Not Submitted

21 Undertaking for non-Engagement of Child Labours as per proforma attached


22 Declaration regarding relations with any of the MRPL directors as per proforma attached


23 Sealed and signed Undertaking by the Bidder – Appendix –XVII to be submitted in company’s letter head.

Submitted / Not submitted

24 Confirm that quoted for Complete Scope of Work, Supply, Services, Composite Works as per the terms & Conditions of Subject tender

Yes / No



25 Confirm that Quoted as per price bid Format Yes / No

26 Confirm that applicable GST is mentioned in Technical As well as Price bid

Yes / no

27 Confirm that applicable Service Tariff code / HSN Mentioned

Yes / no




APPENDIX –XVI

INDEX: Bidder shall make an Index page as per the below proforma, serially number all the pages and submit the technical bid ;

SI No Description Page Nos. 1 Information about the Bidder 2 Vendor form for electronic funds transfer payment & tax details 3 Power of Attorney 4 EMD document 5 GST Registration 6 Declaration & undertaking by micro & small scale enterprises / startup

companies

7 Annual turnover documents (Vendor(s) audited balance Sheets and Profit & Loss Accounts for last three financial years shall be submitted)

8 Networth details/documents 9 Latest Income Tax Clearance 10 Details of similar completed work (Order copies along with proof of

completion shall be submitted)

11 Compliance to PQC - Other criteria 12 Integrity pact (if applicable) 13 Declaration of banning / black listing / holiday listing 14 Undertaking for Non-engagement of Child Labour 15 Declaration regarding relations with any of the MRPL directors 16 PF & ESI Details, Other Statutory documents 17 Deviation statement 18 Undertaking by the bidder 19 Technical writeup (if any) 20 Any other Documents 21 Signed & Sealed copy of undertaking by the bidder in his company’s

letter head as per Appendix XVII.

22 Price bid format with the indication as ‘quoted’ but without the price.



APPENDIX –XVII

UNDERTAKING BY THE BIDDERS

(in letter head)

Tender No: _____________________________________________________ Name of the Work: _____________________________________________________ We _________________________________________(Name of the Tenderer) hereby certify that we have fully read and thoroughly understood all the tender requirements and accept all terms and conditions of the tender including all corrigendum / addendum / clarification issued, if any. Our offer is in confirmation to all the terms and conditions of the tender including all corrigendum / addendum / clarification, if any and minutes of the pre-bid meeting. In the event our offer is found acceptable and contract is awarded to us, the complete tender document shall be considered for constitution of Contract Agreement. We confirm that we have quoted the rates in the tender considering inter-alia the

1) Tender Document(s) 2) Scope of Work / Special Conditions of Contract 3) Safety Policy 4) Pre-bid meeting Minutes (if any) 5) SOR / Price bid format 6) Corrigendum / Addendum/ Clarification (if any)



Note: This declaration should be signed by the Tenderer’s authorised representative on Company Letterhead who is signing the Bid and Scanned copy to be uploaded.


SECTION -F


Similar completed work shall mean Statutory / Internal audit work canied out during the

last 7 financial years (From FY 2012-13 to FY 2018-19) in a Petroleum exploration /

petroleum refining / Petrochemical production / Fertilizer production industry having an

annual turnover of minimum �10,000 Cr during the year of audit.

The audit fee of each order shall be exclusive of taxes.

The audit fee for the above purpose would be reckoned inclusive of fee for tax audit and

certification and shall not include any other reimbursements towards expenses.

3. Annual turnover of audit firm shall be at least� 8.24 Lakhs

For the purpose of ascertaining parameter of Turnover of the audit firm, average turnover of

the audit firm for the previous three financial years (i.e. FY 2016-17 to FY 2018-19) shall

be considered. Relevant documentary evidence like Profit & Loss account, work order

copies and completion certificates to be submitted along with the bid.

In case the information provided for the above requirements are found to be incorrect, later

on, after opening of price bids, their bids will be rejected.

D) BID EVALUATION CRITERIA

Tech.no commercially acceptable bids will be evaluated on overall L l basis i.e. Lowest landed cost to MRPL.

E) DOCUMENTS AND DETAILS

The bidder shall submit all documents as specified in following Table, along with the technical bid.

Documents to be submitted during technical evaluation stage

SI. Criteria Documents to be submitted by the bidder

No.

Firm Certificate supporting the firm's registration details confirming the 1

Registration existence for a minimum period of 5 years as on 31.03.2019

Financial Relevant supporting documents like audited profit loss accounts for

2 Turnover of average annual financial turnover during the last three years ending

audit firm 3 i stst March of the previous financial years (i.e. FY 2016-1 7 to FY

2018-19).

�\\'\� 7 r


Details to be filled as per Annexure-1

Copy of Internal Audit / Statutory audit engagement letters completed

in last 7 financial years (from FY 2012 -13 to FY 2018-19) having

3 Experience of value and nature as per the Pre-Qualification Criteria and Satisfactory

Bidder Work Completion Certificate for the same and verifiable contact

details of the client where job was carried out.

Details to be filled as per Annexure-1

F) PRICEBID

SL No. Particulars Fee in Rupees 1 Lumpsum Professional fees for conducting Internal Audit

support services of MRPL for current financial year (FY 2019-20), in accordance with the scope of work defined and other terms & conditions of the tender document.

2 Taxes Extra as applicable

Amount in words: ( --------------------

Notes:

1) The fees quoted above shall be all inclusive price.

2) The prices quoted by the bidder for services to be performed and for the other obligations to be

met under the agreement shall not be subject to any variation on any account and shall remain

firm throughout the period of the contract. Also, no price escalation on any ground whatsoever

will be allowed.

Signature with seal of the applicant firm

8

To be quoted in EPS

only

GST

NA


SECTION - G

Price Bid format/SOR Hiring of Internal Audit Support Services for MRPL.

(To be quoted in EPS only)

SI No

Service Code

Description UOM QTY RATE IN INR

01 1019210

Professional fees for conducting Internal Audit Support Services for MRPL as per tender specification.

Lumpsum for one year

1 Rate to be quoted in EPS

02 GST To be Quoted in

EPS

Note: 1. Quoted rates shall be inclusive of all the taxes, duties, charges towards tools & tackles, consumables,

all other expenses etc. towards satisfactory completion of the work, except Good and Service Tax(GST) which shall be payable extra at actuals.

2. GST shall be extra at actuals to MRPL Account. Bidder shall confirm the applicable Service TariffCode SAC/HSN as per GST.

3. Rates shall remain firm and fixed till execution of the entire contract.4. Any new or additional taxes / duties/ cess and any increase in the existing taxes / duties / cess imposed

after bid submission date, shall be to MRPL account and any corresponding decrease shall be passedon to the MRPL. Tax at source shall be deducted as per statute.

5. Taxes, duties, levies, fees &cess shall be reimbursed by the MRPL to Bidders against production ofdocumentary evidence (s) and furnishing all necessary documents (e.g. proper tax invoices, bill orchallans, etc). In case Bidders does not furnish such requisite documents then such amount shall not bereimbursed to the Bidders irrespective of whether the bidder has paid such amount to the TaxAuthorities.

6. The GST rate / amount indicated by the Bidder in this Form shall include both, namely,(i) The amount of GST payable by the bidder and reimbursable by Owner(ii) The amount of GST, if any, payable by Owner, as applicable to recipient of service, as per thereverse charge rule of GST.

7. The Bidder's invoice must contain the following:a) HSN/SAC/STC for materials and accounting code for services.b) GSTIN (GST Identification number)

8. GST rates and HSN/STC codes quoted by the Bidders shall be considered for evaluation.9. Any TDS shall be deducted at sources as per GST rules.


Sr. no.

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MANGALORE REFINERY AND PETROCHEMICLAS LTD.

Topic

CONTRACT WORKER'S SAFETY POLICY

INDEX

1.SCOPE

2.REFERENCE

3.SAFETY REQUIREMENTS FOR CONTRACTORS

4.PERSONNEL

5.HEALTH AND HYGIENE

6.VEHICLE MOVEMENT

7.SAFE MEANS OF ACCESS

8.EXCA VATION, TRENCHING AND EARTH REMOVAL

9.DEMOLITION

10.PERSONAL PROTECTIVE EQUIPMENTS

11.PAINTING

12.LIFTING MACHINES TOOLS AND TACKLES

13.TEMPORARY SHEDS

14.ERECTION

15.WORK ON TALL CHIMNEYS

16.SAFETY OF ELECTRICAL WORKS

17.CATCH NETS

18.PROTECTION AGAINST MOVING VEHICLES

19.HANDLING MATERIALS

20.STACKING AND PILING

21.WELDING AND GAS CUTTING

22.GRINDING

23.HOUSE KEEPING

24.FIRE SAFETY

25.WORK PERMIT SYSTEM

Page no.

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24 ----�--�

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Page 1 of39

SECTION -H


26 26. WORK IN AND AROUND WATER BODIES 25

27 27.PUBLIC PROTECTION 25 ----------

28 28.0THER STATUTORY PROVISIONS 25 ~- --·- --- ------29 29.GUIDELINES AND GENERAL PROCEDURES FOR 26

SUPPLY AND USE OF ELECTRICITY AT SITE

30 30.PORT ABLE ELECTRICAL EQUIPMENT 32 .. '------~ -----------·' ___

31 31.ROLE OF CONTRACTOR INCASE OF EMERGENCY AND 34

SIREN

32 32.TRAINING 34 ---- ·----·------------ ---~-----

33 33.LIST OF PERSONAL PROTECTIVE EQUIPMENTS 34

34 34.MANDATORY FOR THE CONTRACTOR EMPLOYEES 34

WHILE WORKING AT SITE

35 35.SPECIFICATIONS FOR SAFETY HELMETS-HDPE 35

36 36.SPECIFICATION FOR SAFETY BELT 35 --f------

37 37.SPECIFICATION FOR FALL ARRESSTOR DEVICE 36

38 38.SPECIFICATION FOR DUST MASK 36

39 39.SPECIFICATION FOR REPLACEABLE FILTERS 36

40 40.SPECIFICATION FOR SAFETY SHOES 36

41 41.STANDARD SPECIFICATION FOR PVC HAND GLOVES 36 f----- - -----

42 42.SPECIFICA TION FOR ELECTRICAL PPE (SHOCK 36

PROOF)

"-~~ 43 43.PENAL TY I FINE ------·-

-

eage 2 otJ9


MANGALORE REFINERY AND PETROCHEMICLAS LTD.

CONTRACT WORKER'S SAFETY POLICY

1.SCOPE:

This policy is applicable to all the contractors and their employees working in MRPL. This is also

applicable to sub-contractors, suppliers, vendors and visitors. All the contractors are required to

ensure that they and their employees comply with relevant safety requirements as mentioned in

this Safety Policy depending on the nature of work. This policy is not a substitute to the statutory

rules and regulations and also the prevailing MRPL Safety Requirements. This is to further

reinforce the existing Safety Standards in Refinery.

2.REFERENCE: This document should be read in conjunction with following:

General Conditions of contract (GCC)

Special Conditions of Contract (SCC)

Job specifications

3.SAFETY REQUIREMENTS FOR CONTRACTORS:

-Contractor shall furnish Safety policy and Safety Manual of their Company and his track record in

safety for past three years to the Engineer Incharge.

Contractor shall furnish details of their safety department with CVs of safety officers in his bid

document to Engineer Incharge.

: The contractor MUST employ Qualified Safety Officers as per the table below, having about 5

years of relevant experience in chemical units or Petrochemical Plants or refineries, as per The

Factories Act 1948 I Building and other construction workers (Regulation of Employment and

conditions of service) Act 1996 and Central Rules 1998 I The Karnataka Factories Rules 1969.

Contractor shall ensure that all his workmen are aware about the nature of risk involved in their

work and have adequate training for carrying out their work safely. Such Safety Officers appointed

shall be .4edicated and responsible only for safety. They should not be given any other

responsibility. The contractor and his sub-contractor, if any, shall comply with the instructions

given by MRPL Engineer In- Charge or his authorized nominee regarding safety precautions,

protective measures, house-keeping requirements etc. Engineer-In-Charge from MRPL shall have

the right to stop the work of the contractor, if in his opinion, proceeding with the work will lead to

an unsafe and dangerous condition. Engineer-In-Charge shall get the unsafe condition removed or

provide protective equipment at the contractors cost, which ever is applicable.

Page 3 of 39


Max. no. of employees< 30

No. of employees : 30 - l 00 No. of employees : 10 l - 250

One discipline (Engr. I Supervisor) with safety expenence can function as Safety Staff on part time basis. One Safety Supervisor on full time responsibility. For Manpower Supply - Oriented Maintenance contract -One Safety Supervisor on full time responsibility. For Service - Oriented Maintenance I Project contract One Safety Engineer on full time responsibility + One Safety Supervisor on full time responsibility

Upto 250 Persons deployed by him at site Deploy one Safety Officer and additionally deploy Three Safety Supervisors

For 251 to 500 Persons

For more than 500 persons

Two Safety Officers, Six Safety Supervisors and Ten Safety Stewards

Three Safety Officers, Ten Safety Supervisors and Twenty Safety Stewards ·

Qualification criteria of safety officer:

BSc (Physics Chemistry only)/Diploma (Mech/Elect/Civil only) with post graduate Diploma in Industrial safety with min of 5 years experience in supervisory cadre.

OR

BE/BTech (Mechanical/Electrical/Civil only) with post graduate Diploma in Industrial safety with min of 2 years experience in supervisory cadre.

Qualification criteria of safety supervisor:

BSc (Physics Chemistry only)/Diploma (Mech/Elect/Civil only) with qualification in industrial safety with relevant experience.

4.PERSONNEL

- Personnel I workmen (age 18 years & above) deployed at site should be physically I medically

fit. Labours/workers shall not bring children/babies inside the refinery.

SMOKING IS STRICTLY prohibited inside the refinery.

- Contractors and their workmen should restrict their activities to the site allocated to them.

- All contract men shall wear IS make PPEs like gloves, goggles, face shields, full body safety

harness, safety belt, Safely Helmets, Safety Shoes etc during the work. They will not be permitted

Page 4 of J9


to enter the Refinery without wearing Safety Helmet, Safety Goggles & Safety Shoes. Damaged

PPEs shall be taken out from use and disposed off properly.

- The contractor shall ensure that their men do not tamper with the facilities in operation. They

shall not operate any Valves/ Switches etc.

- The contractor shall ensure that his workmen do not move around freely inside refinery premises

other than the assigned place of work & also do not sleep anywhere (Below piperacks I equipments

I trucks I etc.) inside refinery premises.

- The personnel engaged by the Contractor shall maintain good conduct and discipline

commensurate with Industrial standard. If in the opinion of the Engineer-in-charge any of the

personnel have not maintained good conduct and discipline, the Contractor shall remove such

personnel immediately from MRPL premises and provide alternate personnel.

- The contractor Supervisors and Engineers must get themselves conversant with MRPL 's

Standard Operating Procedures (SOP), safety norms, Rules and Regulations that are in force. They

must also be conversant with the MRPL's Emergency Procedures and Emergency telephone

numbers and should ensure display of same at prominent place.

- Special safety precautions to be taken by the contractor or their personnel working in an

operating refinery are given below. The safety procedure may undergo a change from time to time,

which will be intimated to the contractor to follow and implement them.

- In addition to the following minimum safety requirements, the contractor must comply with the

safety requirements, norms, rules and regulations as per the Factories Act 1948 and Karnataka

Factories Rules 1969, OISD Guidelines 207 and other OISD standards I guidelines and Indian

Standards.

- The contractor must prepare a detailed "Safety Programme" and submit it to Engineer In-charge

of MRPL immediately after the finalization of contract I placing of LOI I order. This will include

Safety Policy, Safety Responsibilities at various levels, Fmmations of Safety Committees and

meetings, Method statements, Job Safety Analysis (JSA), Safety inspections, various pre

inspection checklists, Safety manuals, Safety Audits, Emergency Plans, Safety procedures to be

implemented for all the activities, deputation of Safety Officers, enforcement of safety practices.

- Contractor shall devise a procedure on Accident Reporting. All accidents including Near Misses

and property damages to be reported as per the MRPL's Accident Reporting Procedure in force.

All Accidents including Near Misses to be communicated immediately to Engineer Incharge over

Page 5 of 39


telephone I verbally I and later submit the accident report. All accidents must be investigated,

classified, analysed & comply with the recommendations to avoid its recurrence. Monthly

Accident statistics must be developed and circulated. Contractor shall maintain a register of all

such accidents.

- During the mobilization, equipments, machines, tools, tackles etc. to be inspected at the site from

where it is being mobilized. Damaged ones should be discarded and ensured not mobilized at

MRPL site. The statutory checks, inspections and certification is carried out before mobilizing at

MRPL site. Necessary repairs and maintenance to be carried out and equipment, machine, tools,

tacldes etc. is mobilized at MRPL site in working condition. The previous records of maintenance

and the competent person's certificates to be made available during mobilization and submitted to

MRPL Engineer Incharge. The equipments, machines, tools, tackles, etc to be tagged and

mobilized.

- A Safety Committee must be formed to discuss accidents, Unsafe Acts and Unsafe conditions.

This should be chaired by the High ranking Official/ Site-In-Charge with equal participation both

from supervisory and non-supervisory cadres of employees. Engineer In-Charge of MRPL also

should be involved in such meetings as an observer. The frequency of meetings shall be once in a

month minimum and actions taken to avoid recurrence ofNearmiss, Minor injuries etc.

Circular of the meeting must also be issued to MRPL Engineer Incharge at least one week in

advance. Minutes of the meetings to be prepared on the same day and submitted on next day of the

meeting.

The contractor shall take all safety precautions during the execution of awarded work and shall

maintain and leave the site safe at all times. At the end of each working day and at all times when

the work is temporarily, suspended, he shall ensure that all materials, equipment and facilities will

not cause damage to existing property, personal injury or interfere with other works of the

Refinery. The contractor shall comply with all applicable provisions of the safety regulations,

clean up programme and other measures that are in force at the site.

- Safety Inspections of the site to be conducted daily and Safety Audits to be conducted once in

three months by a team of Senior Officials of the contractor. Report on findings of such Audit to

be submitted to the Engineer Incharge and compliance report of the suggestions on findings to be

submitted weekly to Engineer Incharge.

Page 6 of39


Daily Safety Inspection of jobs and safety audit to be conducted every month and the report and

protocol signed by all parties, Contractor's safety officers with signatures of Site Incharges of

contractor shall be part of subsequent RA bill.

- Method statement along with Job Safety Analysis to be submitted at least 15 days in advance

before starting of any activity.

Prior information of high risk jobs as planned shall be informed with short details of the work, job

safety analysis report to the Engineer Incharge at least 48 hours before starting of such jobs.

High risk jobs like fabrication at height, lifting and shifting, erection of equipments etc shall be

video recorded by the contractor.

- The contractor shall provide and maintain all lights, guards, fencing, warnmg sign, caution

boards, other safety measures and provide for vigilance as and where necessary or as required by

the Engineer-In-Charge or by any duly constituted authority for the protection of workers or for the

safety of others. The caution boards shall also have appropriate symbols visible during night also.

- Adequate lighting facilities, including emergency lighting, such as floodlights, hand lights and

area lighting shall be provided along with ELCBs by the contractor at the site of work with

isolation switch known to all at site with proper display, storage area of materials and equipment

and temporary access roads within his working area. The contractor shall obtain written approval

of the Engineer-In-Charge to the lighting scheme and place of tapping prior to its installation.

Use of devices like Distress alarm system for all personnel entering into confined space to be

mandatory. Biometric attendance of personnel entering confined space should be maintained.

Necessary Biometric punch machine to be arranged by the contractor at his own cost for this

purpose. Staircases shall have temporary hand rail and guard till permanent handrails are

fabricated and installed.

The contractor shall plan his operations so as to avoid interference with the other departmental

works, other contractors or sub-contractors at the site. In case of any interference, necessary

coordination shall be sought by the contractor from the Department for safe and smooth working.

The contractor shall be held fully responsible for non-compliance of any of the safety measures,

procedures and delays, implications, injuries, fatalities, property damage and environmental

degradation and compensation arising out of such situations or incidents. The contractor should

device a procedure to maintain head count of his personnel manually or with an installation of

Page'/ ofJl)


punching machine at site and ensure evacuation of his personnel through defined emergency exit

in case if situation demands and also during confined space entry.

- Smoking is prohibited in the Refinery I work site I offices.

Consumption of alcohol and any other intoxicating material shall be also treated as safety violation

and heavy penalty shall be levied on the main contractor.

- Radiography source and also the Explosives used for controlled blasting will not be permitted to

be stored at site. Detailed accident report with photographs to be submitted to factory manager and

Engineer In-charge from MRPL immediately.

- Contractor's Vehicles/Engines and approved electrical I mechanical equipments & lifting tools I

tackles, welding generator that are to be used inside refinery are to be ce1iified by competent

authority. Statutory checks are to be can-ied out and records are to be maintained by contractors to

ensure healthiness. These certificates will be regularly checked by MRPL engineer in-charge.

- The Contractor shall ensure that all industrial consumables such as Oxygen, Acetylene, Argon,

Nitrogen, welding electrodes etc. are approved by MRPL, tested and records maintained by the

contractor as per Gas Cylinder Rules before they are used for the job. LPG for gas cutting purpose

is not allowed.

- The Fire prevention I protection and safety equipments (including Personal Protective

Equipments) should be certified by MRPL engineer in-charge.

5.HEALTH AND HYGIENE

- Sufficient number of toilets shall be provided by the contractor for its workmen and hygiene

standard should be maintained.

Contractor to ensure no water stagnation at site.

Potable water facility for all workers shall be provided and maintained by the contractor.

Inspection of drinking water, sanitation, shall be done by MRPL. Availability of dust masks shall

be ensured by the contractor at site.

Contractor to maintain affordable hygienic canteen for the workers.

- The contractor must maintain record of medical examinations of its employees as per The

Factories Act 1948 and The Karnataka Factories Rules, 1969 and The Building and other

construction workers (Regulation of Employment and conditions of service) Act 1996 and Central

Rules 1998. This will include eye test of crane operators, vehicle drivers and all others. Also

Page 8 ofJ9


Fitness certificate by the Medical Officer for working at height to be produced for each employee

requiring to work at height.

- Adequate means and personnel for rendering first aid should be readily available at site and

during working hours at places where work is carried out.

- Medical aid for First-Aid should be available.

- First Aid kits or boxes, as appropriate, should be provided at the workplaces and on motor

vehicles, cranes, etc. and be protected against contamination by dust, moisture, etc.

- When workers are employed underground or beneath structures or pits or other conditions in

which they may need to be rescued, suitable rescue equipment like tripod with pulley and safety

belt should be readily available at site at or near the work site along with trained rescue workers.

6.VEHICLE MOVEMENT :

- The contractor shall conduct his operation so as not to interfere with the use of existing roads at

or near locations where the work is being performed.

- Speed limit inside the refinery is 16 KMPH which should be strictly followed. For heavy

machinery like cranes I forklift I RMC trucks, etc. the speed limit is 5 KMPH maximum.

- Special precautionary measures should be taken during transportation of long sized cargo, route

as defined should be followed and for safety of personnel (with proper escort) and damages to the

facilities should be avoided. Procedure for vehicle entry and Speed limits in Refinery should be

strictly followed. Vehicles and cargos passing through refinery should have PESO approved spark

arrestor fitted.

- When interference to traffic is inevitable, notice of such shall be given to the Engineer- In-Charge

of MRPL well in advance with the details of start of the work and time required, storage of

materials, and details of the proposed methods of providing the required facilities for safe and

continuous use of roads and obtain his clearance.

- The contractor shall exercise full care to ensure that no damage is caused by him or his workmen,

during the operation, to the existing water supply, sewerage, power or telecommunication lines or

any other services or works. The contractor shall be required to provide and erect before starting of

the work, substantial barricades, guardrails and warning signs. He shall furnish, place and maintain

adequate warning lights, signals etc, as required by the Engineer-In-Charge.

- Vehicles must have green red flags and whistles for the cleaner to guide driver. All vehicles

entering MRPL premises shall have cleaner I helper.

Page 9 of 39


- The vehicles must be maintained as per the preventive maintenance schedule of the manufacturer

I supplieL Only Drivers that are trained in Defensive Driving shall be deployed inside Refinery.

- Vehicles to be inspected fortnightly by trained technicians as per the inspeclion checklist.

Pre-inspection checklisl to be formed to that effect. I

- All vehicles to bear a slicker. "If you notic<flhis vehicle is over speeding then please inform on

telephone no 08242882192 I 2191 I 2194 I 2771 I 2731 ".

- Tractors and trucks I cranes I forklift should not be used for transporting personnel.

- Every vehicle should have the con!ractor's name prominently displayed on Tractor Trolleys,

trucks, jeeps, cranes, JCBs, Poclains, trailers. The display board should be put on front and rear

side of each of the vehicle.

Tractor trolleys must have independent brake systems both on tractor as well as on trolleys.

- All vehicles must be fitted with PESO approved spark arrestors.

Tippers/trucks carrying debris and soil/mud/sand shall ensure that there is no spillage of material

on road. If any such spillage observed the same need to be cleaned and cleared by the contractor

immediately. Wheels of the trucks and vehicles shall be clean and free from mud.

- Contractor to maintain Inspection and maintenance logs for every vehicle.

- Any kind of repair work on contractor's vehicle is to be carried out only inside the work shop or

designated place and not allowed inside the battery area or any where at on road or at site.

7.SAFE MEANS OF ACCESS:

- The contractor must possess adequate numbers of self retractable type fall arresstors (of different

sizes viz. 6 m, 20m, 40m, and 60 m), Safety nets and Safety Belts (Full Body Safety Harness) (ISi

approved).

- Adequate and safe means of access and exits shall be provided for all work places, at all

elevations. Using of scaffolding members (avoiding a ladder) for approach to high elevation shall

not be permitted.

- Suitable scaffolds shall be provided for workmen for all works that cannot be done safely from

the ground, or from solid cons!ruction except such short duration work as can be done safely from

ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and

made of metal and all ladders shall be maintained well for safe working condition. If the ladder is

used for carrying materials as well, suitable foot holds and handholds shall be provided on the

ladder. Ladders shall not be used for climbing carrying materials in hands. While climbing both the

Page JO of39


hands shall be free. Ens.ure positioning of person at base I grade level while it is in use. All ladders,

platforms, full body safety harness and safety nets should be inspected regularly and records

should be maintained. Damaged items shall immediately be taken out of service and disposed off

- Scaffolding staging more than 1.5 m above the ground or floor, swung or suspended from an

overhead support or erected with stationary suppmi and ladder shall conform to relevant lS

specification. Timber bamboo scaffolding is not allowed inside the Refinery.

- Working platforms of scaffolds shall have toe boards l 5cms in height to prevent materials from

falling down.

- A sketch of the scaffolding proposed to be used shall be prepared and approval of the contractor's

Mechanical Engineer obtained prior to start of erection of scaffolding. All scaffolds shall be

examined and certified with proper display of tags by contractors Mechanical Engineer before use.

- Safe means of access shall be provided to all working platforms and other elevated working

places. Every ladder shall be securely fixed. No single portable ladder shall be over 9m in length.

For ladders upto 3m in length the width between side rails in the ladder shall in no case be less

than 300mm. For longer ladders this width shall be increased by atleast 20mm for each additional

metre oflength. Step shall be uniform and shall not exceed 300mm.

- Working platform and gangway along the side of pipe racks shall be provided. Under no

circumstance the contractor employees should step on pipes at pipe racks.

8.EXCAVATION, TRENCIDNG AND EARTH REMOVAL :

- A Work Permit must be taken for any excavation or eatih removal inside the existing refinery

premises from Engineer In-Charge MRPL, as the area of work has underground pipelines, cables

etc.

- All trenches l.2m or more in depth shall at times be supplied with at least one ladder for each

spacing of 3.0m in length or fraction thereof. Ladder shall be extended from bottom of the trench

to at least Im above the surface of the ground.

- The sides of the trench which are l .2m or more in depth shall be stepped back to give suitable

slope (angle of repose) or securely held by timber bracing (i.e. shoring of the excavated trench or

pit should be done), so as to avoid the danger of sides from collapsing. The excavated material

shall not be placed within 2m of the edges of the trench or half of the depth of the trench,

whichever is more. Cutting shall be done from top to bottom. Under no circumstances under

cutting shall be done.

Page 11 of39


- The contractor shall ensure the stability and safety of the excavation, adjacent structures, services

and the works.

- Open excavations shall be fenced off by railing (ledger pipes) and warning signals installed at

well-lit places so as to prevent persons falling into the excavations.

- All blasting operations shall be catTied out on the basis of procedures approved by Inspector of

explosives. All works in this connection shall be carried out as per IS code of practice. Barricades,

Warning signs etc. shall be placed on the roads I open area. Prior approval of such operation shall

be obtained from Engineer-In-Charge of works. The blasting procedure being followed by the

contractor must be submitted with MRPL engineer in-charge.

- The contractor must submit the methodology, safety aspects, schedule, License and other relevant

features of control blasting operations.

- Wherever manual removal of earth ts involved, earth shall be removed from the top by

maintaining the proper slope equal to the angle of re-pose of the eatih. Manna] removal of earth I

lowering of person in a pit should be done with tripod and pulley besides use of Full body Safety

Harness by person.

- Such work shall be constantly supervised by the contractor's responsible persons.

9.DEMOLITION

Before any demolition work is commenced and also during the progress of the work :

- Proper approvals shall be taken from Engineer in-Charge MRPL before commencing demolition.

- Area around shall be barricaded with cautionary signs and posting of security guards or

supervisors for preventing unauthorised entries of personnel.

- All roads and open area adjacent to the work site shall either be closed or suitably protected.

Appropriate warning signs shall be displayed for cautioning approaching persons.

- No floor, roof or other part of the building shall be overloaded with debris or materials as to

render it unsafe.

- Entries to the demolition area shall be restricted to authorized persons only.

Contractor to place separate collection facility of waste like metal, on metal non degradable and

biodegradable wastes and shall dispose to designated place daily basis.

Contractor shall be responsible to clear dry grass and wooden items etc from and around his

working site/storage/fabrication yard etc to prevent any fire accidents.

Page l2 ol39


10.PERSONAL PROTECTIVE EQUIPMENTS :

- All proper "!SI" marked Personal Protective Equipments (PPEs) as considered necessary by the

Engineer-In-Charge shall be kept available by contractor for the use of the persons employed on

the site and maintained in a condition suitable for immediate use. Also the contractor shall take

adequate steps to ensure proper use of equipment by those concerned. The PPEs are to be provided

by the contractor.

- All persons employed at Refinery shall use safety helmets, safety shoes and safety goggles as

minimum safety gears. For other types of works, persons working in that area shall also use the

required PPEs, as advised by the Engineer-In-Charge ofMRPL.

- Workers employed on mixing asphaltic materials, cement and lime mortars shall use Gumboots,

safety goggles, hand gloves and proper respirator.

- Persons engaged in welding and gas-cutting works shall use suitable welding face shields with

welder's helmet. The persons assisting the welders shall use suitable goggles. Protective goggles

shall be worn while chipping and grinding.

- Stonebreakers shall use protective goggles. They shall be seated at sufficiently safe intervals or

distance.

- Persons engaged in or assisting in shot blasting (Sand blasting is prohibited) operations and

cleaning the equipment after shot blasting shall use suitable gauntlets, overalls, dust mask, dust

proof goggles, safety shoes and protective hood supplied with fresh air.

- All persons working with 3M lifeline and hook at height above ground or floor and exposed to

risk of falling down shall use safety belts (Full Body Safety Harness with double life line and

scaffolding hooks, ISI marked) which should be properly secured to solid object unless otherwise

protected by cages, guard railings, etc. In places where the use of full body safety harness is

impractical, suitable safety net of adequate strength fastened to substantial supports shall be

employed under proper valid permit.

- When workers are employed in sewers and inside manholes, which are in use, the contractor shall

ensure that the manholes are opened and are adequately ventilated at least for an hour. The

atmosphere inside the space shall be checked for the presence of any toxic gas or oxygen

deficiency and recorded in the confined space entry permit, availability of standby person at

manhole must be ensured before the personnel are allowed to get into the man-holes. The

manholes opened shall be cordoned off with suitable railing and provided with warning signals or

Page 13 of39


caution boards or barricade tape to prevent accidents. There shall be proper illumination in the

night.

11.PAINTING

- Respirators shall be provided by the contractor for use when paint is applied, safety of personnel

in vicinity also should be considered while painting.

- Overalls shall be supplied by the contractor to the workmen and adequate facilities shall be

provided to enable the painters for decontamination at the cessation of work.

- All solvent-based paints, thinners shall be stored in separate well ventilated storage kept under

proper surveillance.

- Smoking, open flames or sources of ignition I hot work shall not be allowed in places where

paints and other flammable substances are stored, mixed or used. A caution board, with the

instructions written in national I regional language, "SMOKING I HOT WORK - STRICTLY

PROHIBITED" shall be displayed in the vicinity where painting is in progress or where paints are

stored. Symbols shall also be used for caution boards.

- Suitable IS marked First Aid Fire Fighting equipments shall be kept available at a place where

flammable paints are stored, handled or used.

- When painting work is done in a closed room or in a confined space, adequate ventilation shall be

provided. Workers shall wear suitable supplied air type breathing apparatus. Work shall be carried

out under a valid work permit.

- Epoxy resins and their fmmations used for painting shall not be allowed to come in contact with

the skin. The workers shall use PVC gloves and I suitable barrier creams.

- Adequate ventilation shall be provided especially when working with hot resin mixes.

- Increased personal hygiene shall be practiced t6 control inadvertent contact with the resin and

eliminate its effects.

- Workers shall thoroughly wash hands and feet before leaving the work. Work clothes shall be

changed and laundered frequently.

-Care must be taken while carrying out painting inside confined space. There shall be safety

devices to monitor the personnel working inside confined space like vessels during painting of

internal surface. Suitable painting methods shall be adopted as specified elsewhere. It should not

be clubbed with hot work and proper ventilation should be available to draw out the solvent

vapours. Manual painting is to be adopted instead of spray painting.

Page l4 o1'39


12.LIFTING MACHINES TOOLS AND TACKLES

- Supplier's I Manufacturer's manual for operations I safety I periodical maintenance of all Cranes,

winches, JCBs, Poclains, Excavators, Trucks, tractors, Vehicles, etc. MUST be made available at

site from the moment it is brought at site and the same should be strictly adhere to.

- Lifting machines, tools and tackles shall be of good mechanical construction, sound material,

adequate strength, free from any defects and shall be kept in good working condition.

- Lifting machines, tools, tackles, equipments etc. to have identification tags of steel plate of size

2"x 2" tied to it using steel wire of 4 mm size. The details like reference number, Safe Working

Load (SWL), date of testing, next due date of testing, etc. to be punched on this plate.

- Contractor must produce Competent Authority's (Authorised by The Directorate of Factories,

Karnataka state) Ce1iificate of testing in the prescribed form of Lifting Machines, Chains, ropes

and lifting tackles well in advance. Only valid Lifting Machines, tools etc. to be used and to be re

certified before expiry of certificate. Also, these equipments will be inspected by Engineer In

Charge of MRPL as and when required. The same procedme is applicable for all other Electrical

Equipments, tools, machines, D.G sets, compressors, etc.

Lifting equipments for testing by competent authority to include JCB, Poclain, Excavators, etc.

The ringer crane to be tested and certified every time by Competent Person it is dismantled and

reassembled. This certification must also include stability of soil on which it is assembled.

Use of Hydra is not permitted inside refinery/construction premises. Hydraulically jacked lifting

machines to be used.

- Lifting machines, tools, tackles, equipments etc. to be inspected in addition to the Competent

Authority's certification. This should be done fotinightly by experienced trained mechanical

foreman and technicians and record of such inspection to be maintained.

- Every rope and sling used in hoisting or lowering of materials or as a means of suspension shall

be of good quality and adequate strength and free from any defect.

- Every crane operator or lifting appliance operator shall have a driving License for Heavy Vehicle,

proper physical fitness such as eye sight etc. and with adequate experience. No persons under the

age of 21 years shall be in charge of any hoisting machine or give signal to operator of such

machine.

- In case of every lifting machine (and of every chain, ring, hook, shackle, swivel and pulley block

used in hoisting or as means of suspensions) the safe working load shall be ascertained and clearly

Page i5 ot 39


marked. In case of a lifting machine having a variable safe working load, each safe working load

and the conditions under which it is applicable shal I be clearly indicated. No part of any machine

or any gear refened to above in this paragraph shall be loaded beyond the safe working load.

- The contractor shall notify the safe working load of the machine to the Engineer-In- Charge

whenever he brings any machinery to site for work and get it verified by the Engineer-In-Charge,

supported by a valid test ce1iificate by the competent person.

- Motors, gearing transmission, couplings, belts, chain drives and other moving parts of hoisting

appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with

such means as to reduce to the minimum risk of any part on a suspended load becoming

accidentally displaced or lowered.

- The contractor must have a team of Experienced Mechanical Personnel (having minimum of 5

yrs. experience in carrying out safety inspection and testing of Lifting machines, Tools and

Tackles etc.), to conduct periodical (Daily, fortnightly, monthly and quarterly) inspection and

testing of Lifting machines, Tools and Tackles and to maintain its records.

- Crane shall not be used as hoist. lncase cranes are used as hoist then factory Inspector's

permission to be taken in advance and to be subject to biannual testing by competent person as

required for hoist under Factories Act 1948. Also, the design of cage to be got approved by the

competent person well in advance. Two ropes or chains to be provided to the cage, separately

connected with the cage, suspended independently and capable of carrying the whole weight of the

cage.

- Contractor to maintain operation, inspection and maintenance logs for every lifting equipment,

tool and tackle.

13.TEMPORARY SHEDS:

- Before erecting temporary shelters like sheds or tents anywhere at site, written permission of the

concerned Engineer In-charge must be obtained.

- Temporary sheds for site office should be avoided. Instead contractor shall anange for portal

cabins for site office I stores.

- Temporary shed should not be erected using scaffolding pipes. The shed should be made of safe

construction material.

- The temporary shed should be erected after proper designing following engmeenng design

practices in conformance with normal safety standards to ensure the stability and safety.

Page 16 ot 39


- Temporary shed should bear the contractor's name.

- Temporary piping, hose connections and electrical wiring to these temporary sheds must be laid

in such manner that they do not cause tripping, hitting or electrocution hazards.

14.ERECTION

- At the planning stage consideration should be given, by those responsible for the design, to the

safety of the workers who will subsequently be employed in the erection of such structures. A

detailed erection scheme I schedule shall be furnished well in advance for all the critical erections.

- Care should be exercised by design engineers and other professional persons, not to include

anything in the design which would necessitate the use of unwarrantably dangerous structural

procedures and undue hazards, which could be avoided by design modifications.

- Facilities should be included in the design for such work to be performed with the minimum risk.

- Detailed Safety Procedure should be submitted as a part of Heavy Equipment erection scheme.

Heavy Equipment erection scheme must be submitted at least one month in advance.

- Erection engineer to conduct training on rigging before every heavy lift I erection for crane

operator, foreman and riggers.

- Erection of structural platforms, gratings and hand rails to be done on priority. The procurement

of gratings, structural members for hand rails to be done on priority.

- Prefabricated parts should be so designed and made that they can be safely transported and

erected.

- As far as practicable the safety of prefabricated parts while erection should be ensured by

appropriate means, such as provision and use of:

a) Ladders;

b) Gangways;

c) Fixed platforms;

d) Platforms, Buckets, boatswain's chairs, etc. suspended from lifting appliances;

e) Safety belts and lifelines; and

f) Safety nets or catch platforms.

- Ladders to be inspected fortnightly by experienced trained mechanical foreman and mechanical

technicians and record of such inspection to be maintained.

- The boatswain's chairs/ platforms used in structural erection to be inspected and checked once in

fortnight and record maintained.

Page 17 of39


·fi I

- In addition to the conditions of stability of the part when erected, when necessary to prevent

danger the design should explicitly take into account:

a) the conditions and methods of attachment in the operations of stripping, transport, storing and

temporary support during erection; and

b) Methods for the provision of safeguards such as railings and working platforms, and, when

necessary, for mounting them easily or prefabricated paiis.

- The hooks and other devices incorporated in prefabricated parts that are required for lifting and

transpo1iing them should be so shaped, dimensioned and positioned as:

a) to withstand with a sufficient margin the stresses to which they are subjected; and

b) not set up in the pmi stTesses that could cause failures, or stresses in the building not provided

for in the plans.

- Prefabricated parts made of concrete should not be stripped before the concrete has set and

hardened sufficiently to ensure the safety of the operation.

- Store places should be so constructed that:

a) There is no risk of prefabricated parts falling or overturning; and

b) Storage conditions generally ensure stability having regard to the method of storage and

atmospheric conditions.

Prefabricated parts made of concrete should not be erected before the concrete has set and

hardened to the extent provided for in the plans.

- While they are being stored, transpo1ied, raised or set down, prefabricated parts should not be

subjected to stresses prejudicial to their stability.

- Trailers only to be used for transportation of pipes. Crane to be used for erection at site.

- Every lifting appliance should :

a) be suitable for the operation; and

b) be approved by a competent person, or tested under a roof load 20 percent heavier than the

heaviest prefabricated part.

c) Ringer mode of a heavy crane MUST be inspected, checked and certified by competent person

every time it is dismantled and erected. The report must bear the stability of the soil on which it

is erected.

- Lifting hooks should have the maximum permissible load marked on them.

- Tongs, clamps and other appliances for lifting prefabricated parts should :

Page i8 ot39


a) be of such shape and dimensions as to ensure a secure grip without damaging the pmi ; and

b) be marked with the maximum permissible load in the most unfavourable lifting conditions.

- Prefabricated parts should be lifted by methods or appliances that prevent them from spinning

accidentally.

- The temporary basket cages I Platforms I Buckets I boatswain's chairs, etc. used for lifting I

working at height suspended from lifting appliances or suspended from structures or beams MUST

be certified by competent person and provisions or conditions as stipulated during certification to

be adhere to.

- While prefabricated parts are being lifted measures should be taken to prevent workers from

being struck by objects falling from a height and area around such site should be barricaded with

cautionary signs.

- When necessary to prevent danger, before they are raised from the ground, prefabricated parts

should be provided with safety devices such as railings and working platf01ms to prevent falls of

persons.

- If workers are exposed to danger when releasing prefabricated parts from lifting appliances,

adequate safety measures should be taken.

- At workplaces adequate instructions should be given to the workers on the methods,

arrangements and means required for the construction, storage, transp01i, lifting and erection of

prefabricated parts.

- When it is not practicable to install protective guardrails and toe boards the workers should be

provided with and use safety belts and lifelines to limit the height of the fall.

- Overhead screens to be provided to prevent workers from being struck by falling objects.

- The safety devices (guard-rails, toe-boards, safety belts and lifelines) should not be removed so

long as the risk remains.

- Precautions should be taken to prevent fires being caused by rivet-heating equipment.

- Rivet heaters should extinguish their fires before leaving work.

- Extra care should be taken to prevent fall of objects, tools, etc. from height.

- Before structural steel pmis are lifted, care should be taken that any object that could fall is

fastened or removed.

- Structural steel parts should not be dragged while being lifted if that could cause danger.

Page 19 of39


- Steel trusses that are being erected should be adequately shored, braced or guyed until they are

permanently secured in position.

- While structural members are being moved into place the load should not be released from the

hoisting rope until the members are securely fastened in place.

- Structural members should not be forced into place by the hoisting machine while any worker is

in such a position that he could be iajured by the operation.

- No load should be placed on open-web steel joists until they have been placed in position and

secured.

- Erection of pipes to be done using web belts only. Web belts must be inspected and checked

fortnightly internally by the contractor and records maintained. Damaged ones to be cut to pieces

and record to be maintained.

- Nipples and other accessories used for hydrotest and subject to high pressures to be inspected,

checked and tested by experienced trained mechanical foreman and mechanical technicians and

records maintained. Damaged paiis to be replaced immediately with the new ones.

- Discarding criteria of web belts to be procured from the supplier I manufacturer by the contractor

and submitted to MRPL Engineer Incharge.

15.WORK ON TALL CHIMNEYS

SCAFFOLDS

- All workmen should be certified medically fit by medical practitioner before working at height.

Mock up drills MUST be conducted by the contractor for all these workmen and issue Working at

Height passes to only those who has experience of working at height, is declared medically fit and

shows confidence during mock up drills.

- For the erection and repair I painting of tall chimneys and vertical structures scaffolding should

be provided. Scaffolds after erection should be certified by competent mechanical engineer for its

strength before use and be displayed with a tag "Certified for use".

-Scaffolds should confirm to relevant Indian Standards. Contractor MUST have a team of trained

scaffolders including trained Scaffolding engineer.

- Fixed inside scaffolding should be securely anchored in the chimney wall.

- The scaffold floor should always be at least 65 cm (26 in) below the top of the chimney.

- Under the working floor of the scaffolding the next lower floor should be left in position as a

catch platform.

Page 2U ofJ'.1


- Suspended outside platform (inspection scaffolds) should be provided as per the relevant

standards as stated above.

- Use of Catch platforms, stairs, ladders and Iron rung, lifting tools, tackles and work with hot

asphalt, tar should be carried out as per the procedures outlined in relevant !LO manual.

- Full Body Safety Harness (Safety Belt) with lifelines (of various sizes 2', 5' and 9' double

lanyards) and safety nets being used should confirm to relevant standards and are to be inspected,

tested, periodically and records be maintained. Damaged safety belts and nets should be discarded,

taken out of service and disposed off.

- Safety belts must be used while working at height. The life lines (lanyard) MUST be tied to firm

support. lncase of absence of firm suppoti provision of wire rope of adequate size tied with lifting

tackles to be made to tie the safety belt life line (lanyard).

- All Safety belts to be inspected once in a month and damaged ones to be discarded. Suppliers I

Manufacturers Discarding criteria of safety belts to be submitted to MRPL. The record of

inspection and the results to be maintained. And a copy to be submitted to Engineer Incharge.

- The scaffolds to be inspected and certified by the competent mechanical Engineer before use and

subsequently, at least once in a week.

16.Safety of Electrical works:

Before starting work in live electrical panels, proper electrical isolation shall be ensured. The same

to be inspected by the electrical in charge and necessary isolation tag shall be attached. Proper

electrical isolation permit system along with LOTO (Locking Out I Tagging Out) system shall be

maintained by the contractor. Triplicate copy of such permits shall be submitted to MRPL.

17.CATCHNETS

- Where workers cannot be protected against falls from heights by other means they should be

protected by catch nets.

- Catch nets should be made of good quality fiber cordage, wire or woven fabric or material of

equivalent strength and durability.

- The perimeter of catch nets should be reinforced with cloth-covered wire rope, manila rope or

equivalent material.

- Catch nets should be provided with adequate means of attachment to anchorage.

- Catch nets to be inspected fortnightly, tested and records maintained. Damaged safety nets should

be discarded and record maintained.

PageZi of39


18.PROTECTION AGAINST MOVING VEHICLES

Workers who are regularly exposed to danger from moving vehicles should wear;

a) distinguishing clothing, preferably bright yellow or orange in colour; or

b) devices of reflecting or otherwise conspicuously visible material.

Light Vehicle shall have reverse horn and Heavy Vehicles shall have trained helpers with whistle

and red and green flags for directing the driver.

19.HANDLING MATERIALS

- Mechanical means should be provided and used for lifting and carrying loads.

- Personnel should have knowledge of safe ways of material handling.

20.STACKING AND PILING

- Materials and objects should be so stacked and unstacked that no person can be injured by

materials or objects falling, rolling, overturning, falling apart or breaking.

- Area earmarked for stacking and piling should be barricaded and only authorised personnel be

allowed to carry out stacking and piling jobs.

- Proper stacking and piling should be done as per the guidelines of !LO.

21.WELDING AND GAS CUTTING

- Welding and gas cutting operations shall be done only by qualified and authorised persons and as

per IS specification and code of practice.

- All the hoses used on compressed gas cylinders (Acetylene, Oxygen etc.) to be as per IS.

- Welding and gas cutting shall not be carried out in places where flammable or combustible

materials are kept and where there is danger of explosion due to presence of flammable I gaseous

mixtures. Contractor shall continuously monitor the area with Explosimeter I I-l,S meters.

- Welding and gas cutting equipments including hoses and cables shall be maintained in good

condition. It should be checked daily by the user and fortnightly by the supervisor and recorded.

- Barriers shall be erected to protect other persons from harmful rays from the work. When

welding or gas cutting is done in elevated positions I on trenches I inside refinery units, precautions

shall be taken to prevent sparks or hot metals falling on persons or flammable materials (Welding

booths shall be constructed).

- Use of proper PPEs by personnel involved in Gas cutting I Electric Arc welding should be

ensured. Use of Welders Helmet with face shield by the welders is a MUST.

i'age 12 ot 39


- Fire extinguisher shall be available near the location of welding operations. Valid permit shall be

obtained hefore flame cutting I welding is taken up & comply with all the permit requirements.

- Contact of personnel with the electrode or other live parts of electric welding equipment shall be

avoided.

- Extreme caution shall be exercised to prevent accidental contact of electrodes with ground.

- The welding cables shall not be allowed to get entangled with power cables. It shall be ensured

that movement of materials does not damage the cables.

- Oxy-Acetylene cylinders must be mounted on trolley with chain holding the compressed gas

cylinders. The compressed gas cylinders must have pressure gauges fitted over it and Oxy

Acetylene Gas cutting set should be fitted with flash back arrestor at both the torch and cylinder

ends.

- Under no circumstance the compressed gas cylinder should be taken inside the confined space or

excavated pits. Hydraulic test certificates of all compressed gas cylinders should be maintained

and furnished as and when required.

22.GRINDING

- All portable grinders shall be used only with their wheel guards in position to reduce the danger

from flying fragments should the wheel break during the use.

- Grinding wheels of specified diameter only shall be used on a grinder - portable or pedestal- in

order not to exceed the prescribed peripheral speed.

- Helmet with face shield shall be used during grinding operation.

23.HOUSE KEEPING

The contractor shall at times keep his work spot, site office and surroundings clean and tidy from

rubbish, scrap, surplus materials and unwanted tools and equipment.

- Welding and other electrical cables shall be routed as to allow safe traffic by all concerned.

- No materials on any of the sites of works shall be so stacked or placed as to cause danger or

inconvenience to any person or the public. The Engineer-In-Charge may require the contractor to

remove any materials which, are considered to be of danger or cause inconvenience to the public.

- At the completion of the work, the contractor shall have removed from the work premises all

scaffoldings, surplus materials, rubbish and all sheds and sanitary arrangements used I installed for

his workmen on the site.

Page 23 of:J~


- House keeping of the workplace shall be done strictly by the Contractor on daily basis or as

required by the Engineer-in-charge. Contractor to collect all debris/ scrap and dump at designated

Scrap Yard as defined by MRPL authorities.

- A separate house keeping team to be formed and made available round the clock.

24.FIRE SAFETY

- Adequate number of duly calibrated Explosimters, Oxygen meters, Hydrogen Sulphide detectors

(Portable I Fixed) or any other multiple gas detector should be made available at site by the

contractor.

- Combustible materials like timber, bamboos, paints etc. shall not be used at MRPL site for

scaffolding or for supports.

Containers of paints, thinners and allied materials shall be stored in a separate room, which shall

be well ventilated, and free from excessive heat, sparks, flame or direct rays of the sun. The

containers of paint shall be covered or properly fitted with lid shall not be kept open except while

us mg.

- Fire extinguishers as approved by Engineer-In-Charge shall be located at the work site at

appropriate places.

- Adequate number of contract workmen shall be given education and training in fire fighting and

extinguishing methods.

25.WORK PERMIT SYSTEM

- MRPL's Work Permit system (As per MRPL Safety Manual) to be strictly followed.

- All jobs within refinery should be executed with a safety work permit only. These will be issued

by the concerned operating personnel ofMRPL (Refinery Shift Manager or any authorised person).

However, he can withdraw the permit when the stipulated conditions are not complied with at the

work spot.

- Area is safe for performing the Work. Job is continuously supervised by qualified supervisor.

Responsibility of Performing Authority

To obtain an approved Work Permit duly filled and signed by authorities as per the MRPL 's Work

Permit System before starting the work in the area.

To visit job sites and ensure that it is prepared accordingly.

t'age 24 of J9


- The person performing the job shall be in possession of the pe1mit till the completion of the job.

The peimit should be produced for inspection at any time. The Work Permit shall be displayed at

job site in the plastic folder.

- To understand the scope of the work and implications involved.

- To restrict the work to the area I equipment specified in the work permit.

- To comply with the instructions given on the Work Permit.

- To follow Plant Safety Rules and Procedures.

- To be alert at all times for the development of unexpected situations.

To stop the work immediately on detecting any unsafe condition and promptly inform the Issuing

Authority. Follow MRPL's Onsite Disaster Management Plan (DMP).

- To return the Permit duly signed after completion of the job to the Issuing Authority. Contractor

must adhere to work permit system and other safety regulations:

26.WORIC IN AND AROUND WATER BODIES:

When the work is done near any place, where there is a risk of drowning, all necessary rescue

equipment such as life buoys and life jackets shall be provided and kept ready for use and all

necessary steps taken for prompt rescue of any person in danger and adequate provision shall be

made for prompt first-aid treatment of all injuries likely to be sustained during the course of the

work. Persons who do not know swimming shall not be engaged alone for any work where risk of

drowning exists. Sufficient number oflife buoys or life jackets shall be provided.

27.PUBLIC PROTECTION

The contractor shall make all necessary provisions to protect the public. He shall be bound to bear

the expenses for defense of every action or other proceedings of law that may be brought by any

person for injury sustained owing to neglect of any precaution required to be taken to protect the

public. He shall pay the damage and cost which may be awarded in any such suit, action or

proceedings to any such person, or the amount which may be fixed as a compromise by any such

person.

28.0THER STATUTORY PROVISIONS:

Notwithstanding the above clauses there is nothing in these to exempt the contractor from lhe

provisions of any other Act or Rules or Indian Standards or OISD standards or OISD guidelines in

force in the Republic of India. In particular all operations involving the transport, handling, storage

and use of explosives shall be as per the standing instructions and conform with Indian Explosives

l'age 25 of:l9


Act, 1884 and the explosives Rules, 1983. The Factories Act 1948 and The Kamataka Factories

Rules, 1969~ Handling~ transport) storage and use of (~ornpressed gas cylinders and I)cessure

vessels shall conform with the Gas Cylinders rules 1981 and Static and Mobile pressure Vessels

(Unfired) Rules 1981. In addition, The Building and other construction workers (Regulation of

Employment and conditions of service) Act 1996, The Indian Electricity Act, 1910 and Indian

Electricity Rules 1956, The Atomic Energy Act 1962, The Radiation Protection Rules 1971,

Radiation Protection Manual of Nuclear Facilities and the Atomic Energy (Factories) Rules 1988

and various rules and Act relevant to the activities being performed shall also be strictly complied

with.

- No Child labour should be brought in for work.

- MRPL holds the right to issue warnings I Heavy penalties (monetary fine) I suspend work at any

time or terminate the contract for a loss I damage and a pattern of frequent failure to adhere to

Safety Laws, regulations and Onsite Safety procedures. In general a heavy monetary fine will be

deducted straight from the contractor's bill for each violation of Safety Rules I Unsafe Act I

Unsafe Condition observed, for each First-Aid injury, for each Lost Time injury I Near Miss

Accident and for each fatality.

29.GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF

ELECTRICITY AT SITE :

Following safety requirements shall be complied with before the contractor uses the power supply.

- The contractor shall submit a list oflicensed electrical staff to be posted at site.

- It shall be the responsibility of the contractor to provide and maintain complete installation on the

load side of the supply point with regard to the safety requirements at site. All cabling and

installation shall comply with the appropriate statutory requirements given below and shall be

subject to approval of the Departmental Engineer-In-Charge I Electrical Engineer.

(a) Indian Electricity Act, 1910

(b) Indian Electricity Rules, 1956

( c) National Electric code, 1985

(d) Other relevant rules of Local bodies and Electricity Boards.

- Where distribution boards are located at different places the contractor shall submit schematic

drawing indicating all details like size of wires, overhead of cable feeders, earthing etc. The

position and location of all equipment and switches be given.

(~~ "'W; !'age 26 ofJ9


- The contractor shall make his won arrangements for main earth electrode and tapings thereof.

The existing earth points available at site can be used at the discretion of the Departmental

Electrical Engineer with prior permission. Method of eat1hing, installation and eatth testing results

shall conform to relevant LS. Specifications.

- Overhead High Tension (HT) cable routes to be marked and physically barricaded to prevent

crane coming in contact with it.

-All three-phase equipment shall be provided with double earthing. All light fixtures and pmtable

equipment shall be effectively earthed to main earthing.

- All earth terminals shall be visible. No gas pipes and water pipes shall be used for earth

connection. Neutral conductor shall not be treated as earth wire.

- Every electrically operated machine or equipment to be independently earthed.

- Earth pits to be provided near DG sets, electrically operated machines, equipments etc.

DG sets used in Refinery shall be installed inside acoustic enclosure to minimise noise pollution.

Exhaust of DG sets shall be routed to safe height.

- Continuity and resistance of all earth connections to be inspected and checked and tested

fortnightly and records to be maintained.

- The contractor shall not connect any additional load without prior permission of Departmental

Electrical Engineer.

- Joints in earthing conductors shall be avoided. Loop earthing of equipment shall not be allowed.

However, tapings from an earth bus may be done.

- The entire installation shall be subjected to the following tests before energisation of installation

including portable equipment:

a) Insulation resistance test

b) Polarity test of switches

c) Earth continuity test

d) Earth electrode resistance

- The test procedures and their results shall conform to relevant IS specifications. The contractor

shall submit a test repmt for his complete installation every 2 months or after rectifying any faulty

section in the specimen test repmt. One such test repott for the complete installation shall be

submitted before onset of monsoon.

Page 27 of39


- Only persons having valid wireman's license shall be employed for carrying out electrical work

and repair of electrical equipment installation and maintenance at site. The job shall be supervised

by a qualified licensed supervisor.

- Electricians to be provided with red helmet for easy identification.

- Electrical equipment and installations shall be installed and maintained as to prevent danger from

contact with live conductors and to prevent fires originating from electrical causes like short

circuits, overheating etc. Installation shall not cause any hindrance to movement of men and

materials.

- Materials for all electrical equipment shall be selected with regard to working voltage, load and

working environment. Such equipment shall conform to the relevant Indian Standards.

- The minimum clearance to be maintained for all overhead lines along roads and across roads

shall be as per the statutory requirements.

- Grounding conductor of wiring system shall be of copper or other corrosion-resistant material.

An extra grounding connection shall be made in appliances I equipment where chances of electric

shock is high.

- Electric fuses and I or circuit breakers installed in equipment circuits for short circuit protection

shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses are used

in all circuits. The Ea1th Leakage Circuit Breaker (ELCB) of 30rnA max capacity shall be

provided in the circuits. (ELCB) of 30mA max shall me provided on each Extension board.

- Wherever cables or wires are laid on poles, a guard wire of adequate size shall be run along the

cables I wire and earthed effectively. Metallic poles as a general rule, shall be avoided and if used

shall be earthed individually. Anticlimbing guards and danger notices shall be provided on poles.

Each equipment shall have individual isolating switches.

~Wires and cables shall be properly supported and an approved method of fixing shall be adopted.

Loose hanging of wires and cables shall be avoided. Lighting and power circuits shall be kept

distinct and separate.

-Reinforcement rods or any metallic part of structure shall not be used for suppmting wires and

cables, fixtures, equipment, earthing etc.

- All cables and wires shall be adequately protected mechanically against damages. In case the

cable is required to be laid underground, it shall be adequately protected by covering the same with

Page 28 of 3'.l


bricks, Plain Cement Concrete (PCC) tile or any other approved means and provided with cable

:narlcers.

- All armored cables shall be properly terminated by using, suitable cable glands. Multistranded

conductor cables shall be connected by using cable lugs/sockets. Cable lugs shall preferably be

crimped. They shall be of proper size and shall c01Tespond to the current rating and size of the

cable. Twisted connections will not be allowed.

- All cable glands, armoring and sheathing of electric cables, metal circuits and their fittings,

metallic fittings and other non-cutTent carrying parts of electrical equipment and apparatus shall be

effectively grounded.

- All the Distribution Boards, switches, fuse units, bus bar chambers, ducts, cubicles etc. shall have

MS enclosures and shall be dust, vermin and water proof. The Distribution Boards, switches etc.

shall be so fixed that they shall be easily accessible, change shall be done only after the approval of

the Departmental Electrical Engineer. Distribution Boards used inside the process units shall be of

Flame Proof type (Intrinsically safe type).

- Each Distribution Board shall have ELCB of 30mA max capacity.

- The contractor shall provide proper enclosures I covers of approved size and shape for protection

of all the switchboards, equipment etc. against rain. Exposed live parts of all electrical circuits and

equipment shall be enclosed permanently. Crane trolley wires and other conductors which cannot

be completely insulated shall be placed such that they are inaccessible under normal working

conditions.

- Iron soclad industrial type plug outlets are preferred for additional safety.

- Open type Distribution Boards shall be placed only in dry and ventilated rooms; they shall not be

placed in the process units, vicinity of storage batteries or otherwise exposed to chemical fumes.

- Isolating switches shall be provided close to equipment for easy disconnection of electrical

equipment or conductors from the source of supply when repair or maintenance work has to be

done on them.

- In front of distribution boards a clear space of 90cm shall be maintained in order to have easy

access during emergency.

- Adequate working space shall be provided around electrical equipment, which require adjustment

or examination during operation.

.,

Page 29 of39


- As far as possible electrical switches shall be excluded from a place where there is danger of

explosion. All electrical equipment such as motors, switches and lighting fittings installed in

workroom where there is possibility of explosion hazard shall be explosion proof.

- All connections to lighting fixtures, starters or other power supplies shall be provided with PVC

insulated, PVC sheathed twin/three/four core wires to have better mechanical protection for

preventing possible damage to equipment or injury to personnel. Taped joints shall not be allowed.

Electric staiter of motors, switches shall not be mounted on wooden boards. Only sheet mounting

or iron framework shall be used.

- All the lighting fixtures and lamp holders shall be of good quality and in good condition. Badly

repaired or broken holders, etc. shall not be used.

- Only PVC insulated and PVC sheathed wires or armoured PVC insulated and sheathed cables

shall be used for external power supply connections of temporary nature. Weatherproof rubber

wires shall not be used for any temporary power supply connections.

- Taped joints in the wires shall not be used. Incase joints are required on electrical cables then

only heat shrinkable PVC sleeves will be allowed.

- The bulbs/lainps used for illumination and testing purpose shall have cover or guard to protect

them from accidental breakages. Only 24V supply system shall be used for hand lamps etc. while

working inside metallic tanks or conducting vessels(Confined spaces).

- After installation of new electric system and or other extensive extensions to existing installations,

thorough inspection shall be made by Contractor's Electrical Engineer before the new system or

new extension is put in use.

- All persons who work with electrical installation/equipment shall be aware of the electrical

hazards, use of protective devices and safe operational procedures. They shall be given training in

fire fighting, first aid and atiificial resuscitation techniques, location of isolation switches, etc.

- The supervisor shall instruct the workers in the proper procedure, specify and enforce the use of

necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pullers,

testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in

electrical work.

- No material or earthwork shall be allowed to be dumped below or in the vicinity of the bare

overhead line conductors.

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- Separate work permits shall be issued for individual group leaders working on the same system

which shall be returned after the completion of the work to the Engineer-In-Charge.

- Before any maintenance work is commenced on electrical installations/equipment, the circuits

shall be de-energised and ascertained to be dead by positive test with an approved voltage testing

device. Switches shall be tagged or the fuse holders withdrawn before starting the work. Adequate

precautions shall be taken in two important aspects viz. LOTO system to be followed.

- That there shall be no danger from any adjacent live parts and

- That there shall be no chances of re-energisation of the equipments on which the persons are

working. (Tag out and lock out LOTO system to be strictly followed).

- While working on or near a circuit, whenever possible the use of one hand may be practiced even

though the circuit is supposed to be dead. The other hand may preferably be kept in pocket.

- When it is necessary to touch electrical equipment (for example when checking for overload of

motors) back of the hand may be used. Thus, if accidental shock were to cause muscular

contractions, one would not "freeze" to the conductor.

- Operation of electrical equipment shall be avoided when standing on wet floor or when hands are

wet. Rubber mats should be placed infront of Panels I Distribution Boards as per Indian Standrads.

- Before blown fuses are replaced, the circuit shall be locked out and an investigation shall be

made for the cause of the short circuit or overload.

- When two persons are working within reach of each other, they shall never work on different

phases of the supply.

- When structural repairs, modification or painting work are to be undertaken, appropriate

measures shall be taken for the protection of persons whose work may bring them into the

proximity oflive equipment I circuit.

- It shall be ensured that the insulation and wire size of extension cords is adequate for the voltage

and current to be carried.

- While tapping electricity from the socket, plug top must be used. It shall be ensured that no

extension boards are over loaded while tapping. Only standard three pin plugs (Naked Wire is

prohibited ) shall be used for tapping electricity. Broken sockets/plugs shall be replaced

immediately with good ones. Only joint free cables shall be used for connecting equipment/Use of

apparatus.

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- Power supply to all the machines and lighting fixture shall be switched off when not in use.

- Temporary electrical connections shall be removed as soon as the stipulated work is ove•·. After

completion of the works, the contractor shall dismantle the distribution boards and the other

facilities he may have erected.

- Unauthorised tapping of power by others from distribution boards under the control of the

contractor shall be prohibited at all circumstances.

- No flammable materials shall be stored in any working area near the switchboards.

- Safety work permits shall be used for switching off the main feeder and equipment by the

contractor.

- "MEN ON LINE" "DO NOT SWITCH ON" "DANGER" or "CAUTION" boards as applicable

shall be used during maintenance works on the electrical equipment.

30.PORTABLE ELECTRICAL EQUIPMENT

- Portable electrical tools must be examined, maintained and tested daily, fotinightly and qua1ierly

so that the equipment and its leads are in good order. Register shall be maintained for inspection

recording the testing dates and results of the equipments. Inspection checklists to be fmmed to that

effect. The recertification of lifting tools, tackles, equipments etc. must be carried out well

before the expiry of its validity period.

- All portable appliances shall be provided with three core cable and three pin plugs. The third pin

of the plug shall invariably be earthed. It shall be ensured that the metal pmi of the equipment shall

be effectively emihed.

- All connections to portable equipment or machines from the panel/distribution board/extension

board shall be taken using 3 core double insulated PVC flexible copper wire in one length. No

joints shall be allowed in this flexible wire. In case length of wire is not sufficient for a particular

location then the supply can be tapped by providing another extension board comprising of switch,

socket and ELCB of30mA max ..

- Flexible cables for portable lamps, tools and apparatus shall be regularly examined, tested

periodically and maintained to ensure safety.

- For excavations, one time clearance from electrical is required for a patiicular area.

- Contractor shall get their welding machine I Stress Relieving (SR) electrical equipment I all

,(~\I~/ }{J,

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pmtable machine certified by MRPL I MRPL authorised contractor and seal will be fixed on

machine to that effect. Certificate from third party mentioning the checks carried out, repairs

carried out and safe to use to be submitted to Engineer lncharge.

Revalidation to be done once in 4 months. Incase contractor does not comply, it will be done by

MRPL and four times the cos! of repair will be back charged to contractor.

- Incase of welding, separate return cable from job piece to welding machine to be connected.

Wires not to be used. PVC insulated cables only to be used.

- All lighting circuits/temporary connections for potiable machine should have ELCB's of 30mA

capacity max.

-All ELCBs to be tested once in 15 days using ELCB testers (and not by the lamp with open

wires) and record maintained. Also separate register for ELCB trips (TRIP REGISTER) shall be

maintained. It shall be daily signed by the site lncharge of the contractor.

- Earthing of Neutral, which will act as return path, is not allowed.

- Electricians should have wireman license.

- During monsoons, monsoon protection for electrical equipment to be done.

- All feeders in contractor distribution panel to be clearly lettered with load details for isolation

in case of emergency.

- Insulated tools like screwdriver, cutting plier, tester lo be used.

- Each contractor should have one set of multimeter, ELCB tester and tong tester.

- First aid kit to be available.

- The contractor must have a team of Experienced Electricians (having minimum of 10 yrs.

experience in can-ying out safety inspection and testing of Electrical Equipments, tools, portable

electrical machines and appliances etc.). to conduct periodical (Daily, fortnightly, monthly and

quarterly) inspection and testing of Electrical Equipments, tools and pmiable electrical machines,

tools and appliances and to maintain its records.

- All power cable ends should have industrial plug on one side and other end directly into

the machine. (No naked end pinning into will be petmitted).

- For any job within MCC I SRR a work petmit will be issued by MRPL operation. Job should not

be started without these permits.

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31.ROLE OF CONTRACTOR INCASE OF EMERGENCY AND SIREN

· Contractor shall instruct his workers to follow instructioas strictly in case of fire siren I

emergency or if advised or felt necessary by Engg. In-charge. If evacuation is ordered they must

leave the work site and proceed towards the nearest designated assembly point. The contractor and

its employees MUST follow specific instructions (Roles and Responsibilities incase of fire I onsite

emergency) that will be given during training from time to time. All contractor employees MUST

undergo such training, before their deployment at the work site. Contractor shall arrange &

conduct such trainings for his employees and also employees of sub-contractors.

· Contractor shall instruct his workers to stop all jobs immediately incase release of

liquid/gas/toxic/hazardous chemicals etc, and inform the concerned MRPL personnel available at

site.

32.TRAINING

·The contractor to conduct Induction training of all employees and record maintained.

· The contractor will have to depute all his employees (including Engineers, supervisors and

workmen), before they commence work for the first time at MRPL site and subsequently once in a

year, to undergo Safety training. They will get photo gate passes only after the completion of the

training. Contractors MUST have and get conversant with Material Safety Data Sheets of all the

Chemicals in MRPL. It is a MUST for them to carry the photo passes with them and produce it

when demanded at site.

·Tool box talks to be conducted every day before starting of each sift and before commencing of

work after lunch break by the concerned Engineer.

33.LIST OF PERSONAL PROTECTIVE EQUIPMENTS

The contractor must poses the following minimum safety Items cum Personal Protective

Equipments. All Personal Protective Equipments used at site to be of approved make.

34.MANDATORY FOR THE CONTRACTOR EMPLOYEES WHILE WORKING INSIDE

REFINERY :

* Deployment of adequate nos. of safety officers as per table above and making available the

mandatory items as per the minimum list below is a MUST as a part of mobilization activity.

1. Safety Helmet.

2. Safety shoes (Conforming to IS standards with ankle protection, steel toe and anti-skid I

acid, alkali and water proof soles).

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3. Hand gloves (Leather impregnated cotton hand gloves).

4 Spectacle type goggles with toughened glass lenses, plain face shields \Nith and without

chin guards.

The contractor must use the "IS!" marked Personal Protective Equipments specific to the job.

It is mandatory to have minimum backup stock of all the PPEs in addition to what is already in use

at site.

35.SPECIFICATIONS FOR SAFETY HELMETS-HDPE.

I) Helmet Safety Industrial HDPE white colour.

2) Contractor's Logo at front side.

3) Conforming to IS 2925, !SI marked & DGMS approved.

4) Nape strap type adj. type 6 point adj. head band & sweat band with 3/4"Cotton

Chin strap.

* Green helmets for Safety Personnel and Red helmets for electricians to be provided and used by

them.

36.SPECIFICATION FOR 9FULL BODY SAFETY HARNESS) SAFETY BELT

Full Body Safety Harness (Safety belts) must be double lanyard type with scaffolding hook having

self closing latch (spring type).

Different type of hooks to be available based on the nature of job I type of supp01i. Safety belts

should be ISI marked and should conform to IS 3521 and DGMS approved and stamped.

Safety belts, safety straps, lifelines, permanent anchors and connections should both separately and

when assembled :

a) be capable of supporting safely a suspended load of at least 450 kg ( 1,000 lb) ; and

b) have a breaking strength of at least 1,150 kg (2,500 lb).

If hooks are used for attaching safety belts to fixed anchors, they should be self closing safety

hooks of various types and sizes.

When a lifeline or safety strap is liable to be served, cut, abraded or burned, it should consist of a

wire rope or a wire-cored fiber rope.

Safety straps should be so fastened to safety belts that they cannot pass through the belt fittings if

either end comes loose from its anchorage.

Metal thimbles should be used for connecting ropes or straps to eyes, rings and snaps. Safety belts,

safety straps and lifelines should be so fitted as to limit the free fall of the wearer to Im (3ft 3in).

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37.SPECIFICATION FOR FALL ARRESSTOR DEVICE

Fall arresstor device with selt~retracting cable integrating locking mcchanisrn combined

with an energy deception element fully automatic having cables of various lengths, IS!

and DGMS and or any international approval. Only Poly Amide rope shall be used.

38.SPECIFICATION FOR DUST MASK

Dust Mask made of superior quality non-aging chemical-resistant rubber half face piece

with reflex sealing flaps for protection against nuisance dust, ( <0.5 micron) toxic dusts,

gases and vapours with replaceable filters.

39.SPECIFICATION FOR REPLACEABLE FILTERS

For protection against nuisance dust, toxic dusts, gases and vapours upto a concentration

of 500 ppm. To be fitted on aforesaid Dust Mask.

40.SPECIFICATION FOR SAFETY SHOES

I. Safety Shoes, Jodhpury style- as per is 11226- 1985 with guarantee for l& 1/2 years (all

weather).

2. Acid/ alkali/ waterproof heat resistant, antiskid green PVC Nitrile sole.

3. Steel toe cap as per relevant "IS".

4. Upper plain leather, high ankle, with metallic 4 eyelets.

5. !SI marked.

6. The supplier should give guarantee of use of safety shoes during rainy season.

41.STANDARD SPECIFICATION FOR PVC HAND GLOVES

Hand contoured for greater comfort & feature an embossed nonslip grip for handling wet

or greasy objects cotton flock lining absorbs perspiration maximises easy on/off black with straight

cuff each pair pack.

42.SPECIFICATION FOR ELECTIUCAL PPE (SHOCK PROOF)

Hand gloves used for live electrical works shall be of proper electrical rating.

Electrical (shock proof) Safety Shoes (Jodhpury type) with acid/ alkali/ water proof, heat resistant,

antisk:id sole with guarantee for 1&1/2 years (all weather).

1. Upper plain leather.

2. IS! marked & latest certificate of testing from any of the govt. recognised institution for

electrical resistance.

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GUMBOOTS with steel toe should be used by personnel during rainy season.

The aforesaid guidelines are the minimum safety requirements and the contractor should

exceed them so as to achieve "ZERO ACCIDENT" which is our MOTO.

43.PENALTY I FINE:

Heavy penalty I fine will be imposed on contractor for the following safety violations.

l. Any accident, near misses resulting into serious bodily injury, property damage and

degradation of environment on and around MRPL.

2. Violation of standard safety practices, norms and Rules, carelessness and negligence.

3. Violation of proper use of PPEs by workmen.

4. Lack of supervision.

5. Violation of work permit procedures inside Refinery and process plant areas.

6. Improper planning of critical jobs if resulted into Accident, Injury or Fire.

7. Failure to take corrective actions as advised by Engineering In-charge.

8. Frequency or Severity Rate of Accident is found to be high.

9. Improper planning of activity I ies if results into nearmiss and bodily injury to personnel.

10. Unauthorised entries into process plant areas.

11. Horseplay.

12. Failure in taking corrective actions on unsafe conditions I acts as and when noticed and advised

by Engineer In-Charge.

13. Misuse of Fire Prevention I Protection and safety equipments.

14. Personnel working under intoxication.

15. Smoking.

16. Deployment of child labours.

17, Penalty charges are as below

TYPE OF SAFETY VIOLATIONS AND PENALTY SYSTEM: Penalty Type of Safety Violations Penalty clause I For not using Personal Protective Equipment like Rs. 250/- Per day I per item I

(Safety Helmet, Safety Goggles, Safety Shoes, per person. Hand gloves, Boiler suit, etc)

2 Working without J:Jermit I Clearance (Cold Work) Rs.5,000/- per occasion 3 Hot work without proper permit I Clearance Rs. I 0,000/- per occasion and

delisting /holiday listing for 3 years.

-

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·----4 Non-use of safe electricity at work site (non Rs. 3,000/ per item per day.

installation of ELCB, using poor joints of cables, using naked wire without top plug into socket, laying wire I cables on the roads, electrical jobs

~-

by incompetent persons). 5 Working at heights without safety belt (Full Body Rs. 1,000/ per case per day.

Safety Harness), using non-standard scaffolding and not arranging fall protection arrangement as required.

6 Unsafe handling of compressed gas cylinders (No Rs I 001- per item per day. trolley, jubilee clips, double gauge regulator, Improper storage I handling). --- ·----·--·- --·---·-·----- ·--

7 Non fencing I barricading of excavated areas. Rs. 1,000/- per occasion. - --8 Use of LPG for cutting purpose. Rs. 1,000/- !'er occasion. 9 Non-display of name board, permit, etc. at site. Rs. 500/- per occasion. 10 Not providing shoring I strutting I proper slope Rs. 5000/- per occasion.

and not keeping the excavated earth at least 1 .5 m away from the excavated area.

11 Wrong parking of vehicles or parking the vehicles Rs. 1,000/- per occasion.

f--· at non-designated places inside refinery. --

12 Absence of contractor representative in refinery Rs. 1,000/- per meeting. safety meetings whenever called. --

13 Non-deployment of safety supervisor I supervisor Rs. 7 ,500/- per week. responsible for safety at work site required as per Special Safety Conditions.

14 Failure to maintain safety register and records by Rs. 1,000/- per month. contract Safety Supervisor or the Supervisor responsible for safety.

15 Failure to have daily safety site inspection I Rs. 1,000/- per week or month audits, monthly safety meetings and maintain and Rs. 100/- per day. records (by contractors themselves).

16 Failure to submit monthly safety report by the 5'" Rs. 1,000/- per month and Rs. of the next month to the Engineer -in -Charge. 100/- per day for further

delay. -

17 Poor Housekeeping. Rs. 1,000/- per site I per day. 18 Failure to follow injury reporting system. Rs. I 0,000/- per occasion. --19 Violation of any other safety condition as per Job Rs. 1,000/- per Occasion.

Safety Analysis (JSA), work permit and safety conditions of contract such as using crowbar on cable trenches improper welding booth, not keeping fire hose, extinguisher ready at hot work

f----site, unsafe rigging etc. ----- ·--·- ----

20 Over-speeding of vehicle i.e speed > 16 KMPH I .The driver will be removed while driving inside refinery. and gate pass will be

withdrawn.

___ .. ________ ·--·-··-----------·- 2.Contract will be cancelled - --·--··-·---···---

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upon repeated three violations. ____ _. ______ -·

21 Overtaking of vehicles while driving inside 1.The driver will be removed refinery. and gate pass will be

withdrawn. 2.Contract will be cancelled upon repeated three violations.

22 Driving of vehicle without valid license. I.The driver will be removed and gate pass will be withdrawn. 2.Contract will be cancelled upon repeated three violations.

23 Driving vehicle without PESO approved or PESO I.The driver will be removed approved but damaged spark arrester. and gate pass will be

withdrawn. 2.Contract will be cancelled upon repeated three violations.

24 Driving vehicle on "NO ENTRY ROADS". I.The driver will be removed and gate pass will be withdrawn. 2.Contract will be cancelled upon repeated three violations.

25 Denying to produce the photo Gate Pass on Rs. 500/- per person per demand. occas10n

26 Consumption of alcohol and any other INR 15000 I - per person per intoxicating material shall be treated as Safety occasion. Violation.

Note : The contractor is solely responsible for any accident and under any circumstance MRPL

will not be responsible I held responsible for the accident to his contract labours. Incase of

repeated violation for three times or Reportable Lost Time Injury the contract will be terminated

and the contractor will be considered for holiday listing.

Discalimer Clause : "The Contractor's Safety Policy is not a comprehensive collection of statutory obligations, Rules or compendium of safety practices. This is for general Guidelines and Contractor, sub-contractor, vendors and visitors are not absolved from obligations to follow all relevant and applicable statutory obligations, safety compliances and practices not absolved from their accountability and obligations due to any statements of omissions and commissions in this document".

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MANGALORE REFINERY & PETROCHEMICALS LTD. (A ......MRPL Tender No 3300007070 GCC, Rev-2 MANGALORE...

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Transcript of MANGALORE REFINERY & PETROCHEMICALS LTD. (A ......MRPL Tender No 3300007070 GCC, Rev-2 MANGALORE...